u 

REVISION  OF  1913 


STATE   OF   MICHIGAN 


LAWS    BELATING   TO 


EI^E^CTIOlSrS 


COMPILED     UNDER    THE    SUPERVISION    OF 

FREDERICK  C.  MARTINDALE 

SECSETABT    OP   STATE 


BY  AUTHORITY 


LANSING,  MICHIGAN 
WYNKOOr    HALLENBECK    CRAWFORD    CO.,    STATE    PRINTERS 

1013 


TABLE  OF  CONTENTS. 


CHAPTER  I. 

Sections. 

Constitutional  provisions    1-82 

Elections  defined   83 

CHAPTER  II. 
Registration: 

Act    177   of   1S59 84-121 

Registration  in  cities 85-91 

Registration   in  townships 92-100 

Death  and  removal  of  electors 101-104 

Village   elections    105-112 

In  Wayne  county    113 

Act  4  of  1869 — Registration  in  new  townships 114-119 

Boards  of,  not  to  meet  where  liquors  are  sold 120-121 

CHAPTER  III. 

General  and   Special  Elections: 

Act  175  of  1S51 — Holding  of  general  and  special  elections 122-130 

Notification  of  elections 131-138 

Act  190  of  1891 — Manner  of  conducting,  aud  to  prevent  fraud 139-183 

Act  175  of  1851 — Continued. 

Poll   lists    184 

Canvass    of   votes 185-192 

District    canvass    193-199 

State    canvass    ' 200-215 

Representatives    and    presidential    electors 216-219 

Miscellaneous    provisions    220-225 

Act  320  of  1913— Recount  by  state  canvassers 226-230 

Act  194  of  1891 — JIunicipal   and  township   elections 231-233 

Indentifying   ballots    of   unqualified   voters 234-239 

CHAPTER  IV. 

Canvass  and  Return  of  Votes: 

Act  149  of  1895 — Board  of  county  canvassers 240-252 

Special  canvass  tor  state  senators  and  representatives  to  fill  vacancies  253 

Uniformity    in    returns 254-255 

Correction  of  frauds  and  errors  in  returns 256 

Preservation  of  evidence  of  error  or  fraud 257-263 

Act   327   of   1913— Recount   by   supervisors 264-266 

CHAPTER  V. 

Act  203  of  1877 — Election  districts  and  central  polling  places 267-282 

Act  140   of  1913— Central  polling  places 281-282 

CHAPTER  VI. 

.4ct  135  of  1895 — Primaries  in  cities 283-304 

378719 


CONTENTS. 


CHAPTER  VII. 

Township  Elections — Duties  of  Officers:      (Cliap.  IG,  R.   S.  J84G.)  Sections. 

Township   meetings    305-324 

Act  283  of  1900— Overseers  of  highways 325-327 

Manner  of  conducting  elections   (Chap.  IG,  R.  S.  1846,  continued)  328-338 

Canvass    of    votes 339-34" 

Township   officers    344-353 

Board  of  review    354 

Resignations,   vacancies,    etc 355-358 

Duties    of  township   clerk 359-361 

Township    treasurer 362 

Compensation  of  township  officers 363-365 

Township  business,   other  than  elections ■ 366-370 

Qualifications   of  voters   and   officers 371-377 

Act  156   of   1851 — First  elections   in   townships 378 

CHAPTER  VIII. 

Offenses  Against  Election  Laws: 

Penalties,   R.    S.   1846,   Chap.   19 379-385 

Betting   upon   elections 386 

Betting  upon  nominations 387-388 

Bribery     389-398 

Protection  of  primaries  and  conventions 399-407 

Purity    of    conventions 408-411 

Act  109  of  1913 — Limitation  of  nomination  and  election  expenses....  412-432 

Disturbances     433 

Closing  of   saloons    434 

CHAPTER  IX. 

County  officers,  election  and  qualification 435-476 

Approval   of   bonds 477 

CHAPTER  X. 

Resignations,   Vacancies,   Removals   and  Recalls: 

Resignations    478-479 

Vacancies     480-481 

Removals     482-487 

Filling  vacancies    488-491 

Act  325  of  1913— Recall  of  certain   officers 492-497 

CHAPTER  XI. 

Election  of  Certain  Officers: 

Circuit   judges    498-505 

Regents   of  university 506-509 

State  board  of  education 510 

Superintendent  of  public  instruction 511 

Justices    of   supreme  court    512-519 

U.    S.   senators 520-522 

State   highway   commissioner 523 

CHAPTER  XII. 

Elections  in  Cities  and  Villages: 

Fourth  class  cities 524-570 

Ext.  from  Act  6  of  1913 — Police  Justices  in  certain  cities 571-572 

Ext.   from   Act  35^   of  1913— Judges  and   Clerks   of   Police  Courts   in 

certa in    cities    573-574 

Villages     575-595 


CONTENTS. 


CHAPTER  XIII. 

Miscellaneous:  Sections. 

Voting  machines    596-631 

Return  of  vote  to  secretary  of  state G32-633 

Publicity  of  proposed  constitutional  amendments 634-635 

Apportionment  of  state  senator.-;  and  representatives 630-638 

Congressional    districts     639 

Local   option    law 640-658 

Legal  liolidays 659-661 

Terms  of  members  of  political  committees 662 

CHAPTER  XIV. 
Primary  Election  Law: 

Act  281  of  1909 663-712 

Act  395  of  1913— Election  of  state   central  committees 713-717 

Act  392  of  1913— Choice  of  members  of  national  committees 718-725 

APPENDIX. 
TJ.  S.  laws,  relative  to  naturalization  of  aliens. 

Note. — This  compilation  includes  only  laws  of  a  general  nature.  Local  acts 
which  concern  particular  localities  have  been  omitted. 

The  annotations  include  supreme  court  decisions  to  and  including  the  173d 
Michigan  report.  The  character  /  is  used  in  citing  cases,  to  avoid  the  repetition 
of  Mich.:  the  section  mark  §  refers  to  the  section  number  of  the  compiled  laws 
of  1897. 

The  section  numbers  in  parentheses,  (  ) ,  are  compiler's  sections  and  are  con- 
secutive throughout  the  book,  and  the  notes  used  refer  to  these  sections. 

Abbreviations — Am.,  Amended;  C.  L.,  Compiled  Laws;  P.  A.,  Public  Acts;  S.  L., 
Session  Laws. 


i 


ELECTION  LAWS. 


CHAPTER  T.— CONSTITUTIONAL  PR0VISI0N6. 


ARTICLE   III. 


ELECTIVE  FRANCHISE. 

(1)  Section  1.  In  all  ekH-tions,  every  male  inliahitant  of  this  state, 
being  a  citizen  of  the  United  States;  every  male  inhabitant  residing  in 
this  state  on  Ihe  twenty-ffuirth  day  of  June,  eighteen  hundred  thirty- 
five;  every  ni;ile  inhabitant  residing  in  this  slate  on  the  first  day  of 
January,  eighteen  hundred  fifty;  every  male  iidiabitant  of  foreign  birth 
who,  having  resided  in  tlie  state  two  years  and  six  months  prior  to  the 
eighth  day  of  November,  eighteen  hundi'ed  ninety-four,  and  having  de- 
clared his  intention  to  become  a  citizen  of  the  United  States  t«'o  years 
and  six  months  prior  to  said  last  named  day ;  and  evei-y  civilized  male 
inhabitant  of  Indian  descent,  a  native  of  the  United  States  and  not  a 
memlier  of  any  tribe,  shall  be  an  elector  and  entitled  to  vote;  but  no 
one  shall  be  an  elector  or  entitled  to  vote  at  any  election  unless  he 
shall  be  above  the  age  of  twenty  one  years,  and  has  resided  in  this 
state  six  months  and  in  the  township  or  ward  in  which  he  offers  to 
vote  twenty  days  next  preceding  such  eleciion:  Provided,  That  in  time 
of  war,  insurrection  or  rebellion  no  qualified  elector  in  the  actual  mili- 
tar\-  service  of  the  United  States  or  of  this  stale,  or  in  the  army  or 
navy  thereof,  shall  be  deprived  of  his  vote  by  reason  of  his  absence  from 
the  township,  ward  or  state  in  which  he  resides;  and  the  legislature 
shall  provide  by  law  the  manner  in  which  and  the  time  and  place  at 
which  such  absent  electors  may  vote,  and  for  (he  canvass  and  return  of 
their  votes. 

QTI.\LIFIC.\TION  OF  ELECTORS :  Tlie  sourrc  of  an  autliority  to  vote  at  popular 
elections  is  tlio  constitution;  the  electorate  is  constituted  by  tlie  fundamental  law:  and 
the  qualifications  of  electors  must  be  uniform  throucbout  the  state. — Cofiin  v.  Election 
Commissioners,  07/189:  Att'y  Gen.  v.  Abbott.  121/ri45.  As  to  uniformity,  see  also, 
.Vtt'y  rien.  v.  Common  Council.  .^.S  /  210  :  Maynard  v.  Canvassers,  84  /  2.S0.  The  qualifica- 
lions  of  voters  at  school  meetin.crs  have  never  lieen  Identical  with  those  of  electors  as  defined 
in    the    constitution. — Belles    v.    Burr,    76/1. 

TOWNSHIP  OR  WARD  :  No  one  can  vote  anywhere  but  in  the  township,  or  ward  where 
he  resides,  except  ns  now  provided  In  the  case  of  soldiers. — People  v.  Blodseft,  13/127: 
People     V.     Mavnard,     ].')/4fin:     Att'y   Oen.    v.    Holihan,    20/110:    Att'v    Gen.    v.    Common 


STATE    Of    MICHIGAN. 


Council,  58/213;  Warren  v.  Board  of  Registration,  72/401.  For  election  purposes  eacli 
ward  is  made  by  tlie  constitution  equivalent  to  a  township. — Allor  v.  Wayne  Auditors, 
4-3/70.  The  intention  of  the  voter  is  an  Important  factor  in  determining  residence. — 
Ilarhaugh  v.  Ci<ott.  .33/241,   250. 

CONSOLIDATION  OF  TOWTVSIIIPS  :  The  electors  of  a  disorganized  township,  the  dis- 
organization taking  effect  one  day  before  the  annual  township  election,  have  a  right  to 
I'Xercise  in  the  new  township  the  franchise  possessed  by  them  in  the  old. — .\tt'y  Gen.  v. 
McColeman,    144  /  07. 

(2)  Sec.  2.  No  elector  shall  be  deemed  to  have  gained  or  lost  a  resi- 
dence by  reason  of  his  being  employed  in  the  service  of  the  United  States 
or  of  this  state,  nor  while  engaged  in  the  navigation  of  the  waters  of 
this  state  or  of  the  United  States  or  of  the  high  seas,  nor  while  a  student 
at  any  institution  of  learning,  nor  while  kept  at  any  almshouse  or  other 
asylum  at  public  expense,  uor  while  confined  in  any  public  prison ;  ex- 
cept that  honorably  discharged  soldiers,  seamen  and  marines  who  have 
served  in  the  military  or  naval  forces  of  the  United  States  or  of  this 
state  and  who  reside  in  soldiers'  homes  established  by  this  state  may 
acquire  a  residence  where  such  home  is  located. 

A  student  at  college,  having  no  other  domieile,  may,  in  good  faith,  become  a  resident 
of  the  citv  where  the  college  is  located,  entering  the  institution  as  a  citizen  thereof. — 
I'eople   V.    Osborn,    170  /  143. 

(3)  Sec.  3.  No  soldier,  seaman  or  marine  in  llie  army  or  navy  of  the 
United  States  shall  be  deemed  a  resident  of  this  state  in  consequence 
of  being  stationed   in   any  military  or  naval    jdace  within    the  .state. 

(4)  Sec.  4.  ^A'henever  any  question  i.s  submitted  to  a  vote  of  the  elec- 
tors which  involves  the  direct  expenditure  of  jtiiblic  money  or  the  issue  of 
bonds,  every  woman  having  the  qualifloations  of  male  electors  who  has 
property  assessed  for  taxes  in  any  iiart  of  the  disti-ict  or  teriitoi'y  to 
be  affected  by  the  result  of  such  election  shall  be  entitled  to  vote  thereon. 

(5)  Sec.  .5.  Every  elector  in  all  cases,  except  for  treason,  felony  or 
breach  of  the  peace,  shall  be  privileged  from  arrest  during  his  attend- 
ance at  elections  and  in  going  to  and  returning  from  the  same. 

(6)  Sec.  G.  No  elector  shall  be  obliged  to  do  militia  duty  on  the 
day  of  election,  excejit  in  time  of  war  or  public  danger,  or  to  attend 
court  as  a  suitor  or  witness. 

(7)  Sec.  7.  All  votes  shall  be  given  by  ballot,  except  for  such 
township  ofiQcers  as  may  be  authorized  by  law  to  be  otherwise  chosen. 

BALLOT:  People  v.  Blodgett,  13/143:  Belles  v.  Burr,  76/23;  Maynard  v.  Can- 
\'nssers,  84  /  234  ;  Att'y  Gen.  v.  May,  99  /  547.  The  object  of  this  provision  was  to  secure 
the  entire  independence  of  the  electors,  to  enable  them  to  vote  according  to  their  own 
individual  convictions  of  right  and  duty. — People  v.  Cicott,  10/312.  Tlie  ballot  is  a 
constitutional  method  which  cannot  be  changed. — .\tt'y  Gen.  v.  Detroit  Com.  Council, 
58/213,   217. 

(S)  Sec  8.  Laws  shall  be  passed  to  preserve  the  purity  of  elections 
and  guai'd  against  abuses  of  the  elective  francliise,  and  to  provide  for 
the  recall  of  all  elective  officers,  except  .judges  of  courts  of  record  and 
courts  of  like  jurisdiction  upon  petition  of  twenty-five  per  centum  of 
the  number  of  electors  who  voted  at  the  preceding  election  for  the 
office  of  governor  in  their  respective  electoral  districts. 

Amendment  proposed   by   C.   R.   0  of    1913   and   ratified   at  the  April   election   of  1913. 

I'eople  V.  Blodgett,  13/177;  Att'y  Gen.  v.  Detroit  Com.  Council,  58/215;  Att'y  Gen. 
V.  Detroit,  78/552:  Common  Council  v.  Rush,  82/537;  Alt'y  Gen.  v.  May,  99/547; 
Todd  v.   Election   Commissioners.    104/474. 

REGISTRATION:  Regi-tration  is  imperative  and  must  be  complied  with  before  the 
elector  can  vote:  and  the  failure  of  the  board  of  registration  to  meet  is  of  no  avail  to 
(he  elector. — People  v.  Kopplekom,  10/342.  For  the  various  statutory  provisions  as  to 
registration,    etc.,    see    sections    84-121. 


LAWS    RELATING    TO    ELECTIONS. 


ARTICLE  V. 
LEGISLATIVE  DEPARTMENT. 

(9)  Section  1.  The  legislative  power  of  the  state  of  Michigan  is 
veste^i  in  a  senate  and  house  of  repres^entatives ;  but  the  people  reserve 
to  themselves  the  power  to  projjose  legislative  measures,  resolutions 
and  laws;  to  enact  or  reject  the  same  at  the  polls  independently  of 
the  legislature;  and  to  approve  or  reject  at  the  polls  any  act  passed 
b}'  the  legislature,  except  acts  making  appropriations  for  state  insti- 
tutions and  to  meet  deficiencies  in  state  funds.  The  first  power  re- 
served by  the  people  is  the  initiative.  At  least  eight  per  cent  of  the 
legal  voters  of  the  state  shall  be  required  to  propose  any  measure  by 
petition :  Provided,  That  no  law  shall  be  enacted  by  the  initiative  that 
could  not  under  this  constitution  be  enacted  by  the  legislature. 
Initiative  petitions  shall  set  forth  in  full  the  ])roposed  measure,  and 
shall  be  filed  with  the  secretary  of  state  not  less  than  ten  days  before 
the  commencement  of  any  session  of  the  legislature.  Every  petition 
shall  be  certified  to  as  herein  provided  as  having  been  signed  by  quali- 
fied electors  of  the  state  equal  in  number  to  eight  per  cent  of  the  total 
vote  cast  for  all  candidates  for  governor  at  the  last  preceding  general 
election,  at  which  a  governor  was  elected.  Upon  receipt  of  any  in- 
itiative petition,  the  secretary  of  state  shall  canvass  the  same  to  as- 
certain if  such  petition  has  been  signed  by  the  requisite  number  of 
qualified  electors,  and  if  the  same  has  been  so  signed,  the  secretary 
of  state  shall  transmit  such  ])etition  to  the  legislature  as  soon  as  it 
convenes  and  organizes.  The  law  proposed  by  such  petition  shall  be 
either  enacted  or  rejected  by  the  legislature  without  change  or  amend- 
ment within  forty  days  from  the  time  such  petition  is  i-eceived  by  the 
legislature. 

If  any  law  proposed  by  such  petition  shall  be  enacted  by  the  legis- 
lature it  sliall  be  subject  to  referendum,  as  hereinafter  provided.  If 
any  law  so  petitioned  for  be  rejected,  or  if  no  action  is  taken  upon  it 
by  the  legislature  within  said  forty  days,  the  secretary  of  state  shall 
submit  such  proposed  law  to  the  ])eople  for  apjiroval  or  rejection  at 
I  lie  next  ensuing  general  election.  The  legislature  may  reject  any 
measure  so  proposed  by  initiative  petition  and  propose  a  different 
measure  upon  the  same  subject  by  a  yea  and  nay  vote  upon  separate 
roll  calls,  and  in  such  event  both  measiu*es  shall  be  submitted  by  the 
secretary  of  state  to  the  electors  for  approval  or  rejection  at  the  next 
ensuing  general  election.  All  said  initiative  petitions  last  above  de- 
scribed shall  liave  printed  thereon  in  twelve  i)oint  black  face  type  the 
folowing:     "Initiative  measure  to  be  presented  to  the  legislature." 

The  second  ])()wer  reserved  to  the  people  is  the  referendum.  No  act 
passed  by  the  legislature  shall  go  into  effect  until  ninety  days  after 
the  final  adjournment  of  the  session  of  the  legislature  which  passed 
such  act,  except  such  acts  making  appropriations  and  such  acts  im- 
mediately necessary  for  the  preservation  of  the  public  peace,  health 
or  safety,  as  have  been  given  immediate  etfect  by  action  of  tlie  legis- 
lature. 

Upon  presentation  to  the  secretary  of  stale  within  ninety  days  after 
the  final  adjournment  of  the  legislature,  of  a  petition   certified  to  as 


10  STATE    OF   MICHIGAN. 


herein  provided,  as  having  been  signed  by  qualified  electors  equal  in 
number  to  five  per  cent  of  the  total  vote  cast  for  all  candidates  for 
governor  at  the  last  election  at  which  a  governor  was  elected,  asking 
that  any  act,  section  or  part  of  any  act  of  the  legislature,  be  submitted 
to  the  electors  for  approval  or  rejection,  the  secretary  of  state,  after 
canvassing  such  petition  as  above  required,  and  the  same  is  found  to 
be  signed  by  the  requisite  number  of  electors,  shall  submit  to  the 
electors  for  approval  or  rejection  such  act  or  section  or  part  of  any  act 
at  the  next  succeeding  general  election ;  and  no  such  act  shall  go  into 
effect  until  and  unless  approved  by  a  majority  of  the  qualified  electors 
voting  thereon. 

Any  act  submitted  to  the  people  by  either  initiative  or  referendum 
petition  and  approved  by  a  majority  of  the  votes  cast  thereon  at  any 
election  shall  take  effect  ten  days  after  the  date  of  the  official  declara- 
tion of  the  vote  by  the  secretary  of  state.  No  act  initiated  or  adopted 
by  the  people,  shall  be  subject  to  the  veto  power  of  the  governor,  and 
no  act  adopted  by  the  people  at  the  polls  under  the  initiative  provisions 
of  this  section  shall  be  amended  or  repealed,  except  by  a  vote  of  the 
electors  unless  otherwise  provided  in  said  initiative  measure,  but  the 
legislature  may  propose  such  amendments,  alterations  or  repeals  to 
the  people.  Acts  adopted  by  the  people  under  the  referendum  pro- 
vision of  this  section  may  be  amended  by  the  legislature  at  any  sub- 
sequent session  thereof:  Provided,  however.  If  two  or  more  measures 
approved  by  the  electors  at  the  same  election  conflict,  the  measure 
receiving  the  highest  affirmative  vote  shall  prevail.  The  text  of  all 
measures  to  be  submitted  shall  be  published  as  constitutional  amend- 
ments are  required  by  law  to  be  published. 

Any  initiative  or  referendum  petition  may  be  presented  in  sections, 
each  section  containing  a  full  and  correct  copy  of  the  title  and  text 
of  the  proposed  measure.  Each  signer  thereto  shall  add  to  his  signa- 
ture, his  place  of  residence,  street  and  numlier  in  cities  having  street 
numbers,  and  his  election  ]»recinct.  Any  qualified  elector  of  the  state 
shall  be  competent  to  solicit  such  signatures  within  the  county  in 
which  he  is  an  elector.  Each  section  of  the  petition  shall  bear  the 
name  of  the  county  or  city  in  which  it  is  circulated,  and  only  qualified 
electors  of  such  county  or  city  shall  be  competent  to  sign  such  sec- 
tion. Each  section  shall  have  attached  thereto  the  affidavit  of  the 
person  soliciting  signatures  to  the  same,  stating  his  own  qualifications 
and  that  all  the  signatures  to  the  attached  section  were  made  in  his 
presence,  that  each  signalure  to  the  section  is  the  genuine  signature 
of  the  pei'son  signing  the  same,  and  no  other  affidavit  thereto  shall 
be  required.  Such  petitions  so  verified  shall  be  prima  facie  evidence 
that  the  signatures  thereon  are  genuine  and  that  the  persons  signing 
the  same  are  qualified  electors. 

Each  section  of  the  petition  shall  be  filed  with  the  clerk  of  the  county 
in  which  it  was  circulated,  but  all  said  sections  circulated  in  any 
county  shall  be  filed  at  the  same  time.  Wilhin  twenty  days  after  the 
filing  of  such  petition  in  his  office,  the  said  clerk  shall  forward  said 
petition  to  the  secretary  of  state.  Within  forty  days  from  the  trans- 
mission of  the  said  petition  to  the  secretary  of  state,  a  supplemental 
petition  identical  with  the  original  as  to  the  body  of  the  petition  but 
containing  supplemental  names,   may   be   filed  with  the  county  clerk, 


LAWS   RELATING   TO   ELECTIONS.  11 

and  such  supplemental  petition  shall  bo  fonvarded  to  the  secretary  of 
state  by  said  clerk  within  ten  days  after  the  filing  of  the  same. 

Ampndnjent    i)roposc(l   hv  C    K.    4    of   191R   and   ratified   at   the  April   election   of   1913. 

IVopIc  V.  Collins,  ?. /Hi;!:  Slati'  Tax  I^aw  Oases,  54/350,  39S,  455;  King  v.  Concordia 
Ins.  Co..  140 /-JCT;  Albert  v.  Cilison,  141/700:  Atfy  General  v.  Bolger,  128/362; 
People   V.    Salsbury.    134/544;   IVople   v.    nettenthaler,    118 /G02. 

(10)  Sec.  2.  The  senate  shall  consist  of  thirty-two  members.  Sena- 
tors shall  be  elected  for  two  years  and  by  single  districts.  Such  dis- 
tricts shall  be  numbered  from  one  to  thirty-two,  inclusive,  each  of  which 
shall  choose  one  senator.  No  county  shall  be  divided  in  the  formation 
of  senatorial  districts,  unless  such  county  shall  be  equitably  entitled  to 
two  or  more  senators. 

Hunt   V.   Bulirer.    133  /  ll.", ;    Williams   v.    Sec'y   of   State,    145/447. 

DIVISION  OF  COUNTY:  The  only  counties  affected  by  this  provision  are  Wayne  and 
Kent. 

(11)  Sec.  3.  The  house  of  representatives  shall  consist  of  not  less 
than  sixty-four  nor  more  than  one  hundred  memljers.  Representatives 
shall  be  chosen  for  two  years  and  by  single  districts,  which  shall  contain 
as  nearly  as  may  be  an  equal  number  of  inhabitants  and  shall  consist  of 
convenient  and  contiguous  territory ;  but  no  township  or  city  shall  be 
divided  in  the  formation  of  a  representative  district.  When  any  town- 
ship or  city  shall  contain  a  population  which  entitles  it  to  more  than 
one  representative,  then  such  township  or  city  shall  elect  by  general 
ticket  the  number  of  rej)i-esentatives  to  which  it  is  entitled.  Each 
county,  with  such  territory  as  may  l)e  attached  thereto,  shall  be  entitled 
to  a  separate  repre.sentative  when  it  has  attained  a  population  equal  to 
a  moiely  of  the  ratio  of  representation.  In  every  count.v  entitled  to 
more  than  one  representative,  the  board  of  supervisors  shall  assemble 
at  such  time  and  i)lace  as  shall  be  prescribed  by  law,  divide  the  same 
into  representative  districts  equal  to  the  number  of  representatives  to 
which  such  county  is  entitled  by  law,  and  shall  cause  to  be  filed  in  the 
offices  of  the  secretary  of  state  and  clerk  of  such  county  a  description 
of  such  representative  districts,  specifying  the  numl>er  of  each  district 
and  population  thereof  according  to  the  last  preceding  enumeration. 

CONTIGUOUS  TERRITORY  :  This  does  not  require  contact  by  land,  but  portions  of 
territory,  although  separated  by  wide  reaches  of  navigable  deep  waters,  may  be  considered 
contiguous. — Supervisors  v.    Soc'y   of   State.   02/638. 

GENEK.\Ij  TICKET :  No  township  has  ever  come  under  this  provision  and  only  three 
cities,    Detroit,    Grand    Rapids   and    Saginav?. 

SUBDIVISION  OF  COUNTY:  The  power  to  divide  the  county  into  representative  dis- 
tricts is  vested  in  the  board  of  supervisors  and  not  in  the  legislature. — Supervisors  v, 
Sec'y  of  State,   92/638. 

See  Smith  v.  Saginaw,  81/123;  Maynard  v.  Canvassers,  84/228;  Hunt  v.  Buhrer, 
133/113. 

(12)  Sec.  4.  At  the  session  in  nineteen  hundred  Ihirtoen,  and  each 
tenth  year  thereafter,  the  legislature  shall  by  hiw  rearrange  the  sena- 
torial districts  and  api>ortion  anew  the  represcniatives  among  the  coun- 
ties and  districts  accoi-ding  to  the  number  of  inhabitants,  using  as  the 
basis  for  such  ai)portionment  the  last  preceding  United  States  census 
of  this  state.  lOach  aiiportionment  so  made,  and  the  division  of  any 
county  into  repres<'iitalive  districts  by  its  board  of  supervi.sors,  made 
tlierounder,  shall  not  l)e  altered  until  the  tenth  year  thereafter. 

DISTRICTS  UNAI/noRAHLE :  Tlie  constitution  prohibits  any  alteration  of  a  district 
and  a   law   which,  by   the  change  of  city  boundaries,  transfers  electors  from   one  district  to 


12  STATE    OF    MICHIGAN. 


another  is  as  much  an  alteration  as  it  would  be  if  the  same  result  were  brought  about 
in  a  different  way. — Att'y  Gen.  v.  Holihan.  20  / 116.  But,  except  as  prohibited  by  the 
constitution,  the  legislature  can  change  legislative  districts,  and  the  power  to  do  so  is 
not  lodged  exclusively  in  the  boards  of  supervisors.  Such  clianges  may  be  made  after  a 
new  enumeration  and  prior  to  the  new  apportionment. — People  v.  Bradley,  36/447.  The 
organization  of  a  new  countv  out  of  an  entire  representative  district  is  not  prohibited. — 
Bay  Co.  v.  Bullock,  51/544.  An  act  which  consolidates  two  cities  situated  in  different 
districts,  but  expressly  preserves  the  boundaries  of  the  districts  and  the  manner  of  elect- 
ing representatives,  does  not  violate  this  provision  of  the  constitution. — Smith  v.  Saginaw, 
81  /  123.     See  also,  Att'y  Gen.  v.  Sprlngwells  Twp.,  143  /  523. 

(13)  Sec.  5.  Each  senator  and  representative  shall  be  a  citizen  of 
the  United  States  and  a  qualified  elector  of  the  district  he  represents, 
and  his  removal  from  the  district  shall  be  deemed  a  vacation  of  the 
oflfice. 

(14)  Sec.  G.  No  person  holding  any  office  under  the  United  States 
or  this  state  or  any  county  office,  except  notaries  public,  officers  of  the 
militia  and  officers"  elected'  by  townships,  shall  be  eligible  to  or  have  a 
seat  in  either  house  of  the  legislature;  and  all  votes  given  for  any  such 
person  shall  be  void. 

A  member  of  the  legislature,  whieh  enacted  the  law  providing  for  the  constitutional 
convention,  is  ineligible  as  a  delegate  to  that  convention  —Fyte  v.  Kent  County  Clerk, 
149/349  The  board  of  district  canvassers  has  no  jurisdiction  to  determine  whether  a 
candidate  is  ineligible,  because  holding  the  office  of  prosecuting  attorney,  and  reject  votes 
cast   for  such   ineligible   candidate.— Atfy  Gen.  v.   Bd.    of   Canvassers,   155/44. 

(15)  Sec.  7.  No  jierson  elected  a  member  of  the  legislature  shall 
receive  any  civil  apjioiutment  withiu  this  state  or  to  the  senate  of  the 
United  States  from  the  governor,  except  notaries  public,  or  from  the 
governor  and  senate,  from  the  legislature,  or  any  other  state  authority, 
during  the  term  for  which  he  is  elected.  All  such  appointments  and  all 
votes  given  for  any  jierson  so  elected  for  any  such  office  or  appointment 
shall  be  void.  No"  member  of  the  legislature  shall  be  interested  directly 
or  indirectlv  in  anv  contract  with  the  state  or  any  county  thereof, 
authorized  by  any  law  passed  during  the  time  for  which  he  is  elected, 
nor  for  one  year  thereafter. 

APPOINTMENT-  The  term  "appointment"  seems  to  be  used  here  as  synonymous  with 
"PlPotion"-ireoDle  V  Ilurlbut,  24/44.  The  purpose  of  such  provisions  is  to  prevent 
officers  from  usfng  theii  offlcial  positions  in  the  creation  of  offices  for  themselves,  or  tor 
the  annointment   of  themselves  to   place. — Ellis  v.    Lennon.   bb  /  4b». 

ELIGIBILITY  ■      \   member  of   the  legislature  is  not    ineligible  to  become  a  candidate   for 

?.^r^  if  Ih^^^^fn;^'^"  7hf  Zcfl^  In^oe^Al^e' wi^  TT'l^^Vf  Tr^^Zll."irn!l 
legislature,   would   be  to    vacate   ipso  facto  the  office   first  held.— id. 

(16)  Sec  S.  Senators  and  repre,seutatives  shall  in  all  cases,  except 
for  treason,  felony  or  breach  of  the  peace,  be  privileged  from  arrest  dur- 
ino-  sessions  of  the  legislature  and  for  fifteen  days  next  liefore  the  com- 
mencement and  after  the  termination  thereof.  They  shall  not  be  sub- 
ject to  any  civil  process  during  the  same  period.  They  shall  not  be 
nuestioned"  in  anv  other  place  for  any  speech  in  either  house. 

(17)  Sec  9  "  The  compensation  of  the  members  of  the  legislature 
shall  be  eight  hundred  dollars  for  the  regular  session.  When  convened 
in  extra  session  their  compensation  shall  be  five  dollars  per  day  tor  the 
first  twenty  days  and  nothing  thercaftei-.  ]\[eml)crs  shall  be  entitled  to 
ten  cents  i>er  niile  and  no  more  for  one  round  trip  to  each  regular  and 
special  sessiou  of  the  legislature  by  the  usually  traveled  route.  J'.ach 
member  shall  be  entitled  to  one  copy  of  the  laws,  journals  and  docu- 


LAWS    RELATING    TO    ELECTIONS.  13 

meuts  of  the  legislature  of  which  he  is  a  member,  but  shall  not  receive, 
at  the  expense  of  the  state,  books,  newspapers  or  perquisites  of  the 
office  not  expressly  authorized  by  Ihis  constitution. 

(IS)  Sec.  10.  The  president  of  the  senate  and  speaker  of  the  house 
of  representatives  shall  be  entitled  to  the  same  compensation  and  mileage 
as  members  of  the  legislature  and  no  more. 

(10)  Sec.  11.  In  case  of  a  contested  election,  compensation  and  mile- 
age shall  be  paid  only  to  the  person  declared  to  be  entitled  to  a  seat 
by  the  house  in  which  the  contest  takes  place. 

(2(1)  Sec.  12.  The  election  of  senators  and  representatives,  pursuant 
to  the  i)rovisions  of  this  constitution,  shall  be  held  on  the  Tuesday  sue 
ceeding  the  first  Monday  of  November,  nineteen  hundred  ten,  and  on 
the  Tuesday  succeeding  the  first  Monday  of  November  of  every  second 
year  thereafter. 

(21)  Sec.  15.  Each  house,  except  as  othenvise  provided  in  this  con- 
stitution, shall  choose  its  own  officers  and  determine  the  rules  of  its 
proceedings,  but  shall  not  adopt  any  i*ule  that  will  prevent  a  majority 
of  the  members  elected  from  discharging  a  committee  from  the  further 
consideration  of  any  measure.  Each  house  shall  judge  of  the  qualifica- 
tions, elections  and  returns  of  its  members,  and  may,  with  the  concur- 
rence of  two-thirds  of  all  the  members  elected,  expel  a  member.  The 
reasons  for  such  expulsion  shall  be  entered  upon  the  journal,  with  the 
names  of  the  members  voting  on  the  question.  No  member  shall  be 
expelled  a  second  time  for  the  same  cause. 

The  senate  is  the  sole  judge  of  the  qualitications  of  its  members,  and  this  court  has  no 
jurisdiction  to  determine  a  basis  for  its  decision  or  to  review  it  when  made. — Att'y  Gen- 
eral V.  Board  of  Canvassers,  155/44. 

(22)  Sec  17.  In  all  elections  by  either  house  or  in  joint  conven- 
tion the  votes  shall  be  given  viva  voce.  All  votes  on  nominations  to  the 
senate  shall  be  taken  by  yeas  and  nays  and  published  with  the  journal 
of  its  proceedings. 


ARTICLE  VI. 
EXECUTIVE  DEPARTMENT. 

(23)  Section  1.  There  shall  be  elected  at  each  general  biennial  elec- 
tion a  governor,  a  lieutenant  governor,  a  secretary  of  state,  a  state 
tre<isurer,  a  commissioner  of  tlie  state  land  office,  an  auditor  general 
and  an  attorney  general,  for  the  term  of  two  years.  They  shall  keep 
their  offices  at  the  seat  of  government,  superintend  them  in  person 
and  perform  such  duties  as  may  be  prescribed  by  laAV.  The  office  of 
commissioner  of  the  state  land  office  may  be  abolished  by  law. 

(24)  Sec.  6.  He  (governor)  shall  issue  writs  of  election  to  fill 
such  vacancies  as  occur  in  the  senate  or  house  of  representatives. 

(25)  Sec.  10.  Whenever  a  vacancy  shall  occur  in  any  of  the  state 
offices,  the  governor  shall  fill  the  .same  by  appointment,  by  and  with 
the  advice  and  consent  of  the  senate,  if  in  session. 

(26)  Sec.  11.    All  official  acts  of  the  governor,  except  his  approval 


14  STATE   OF   MICHIGAN. 


of  the  laws,  shall  be  authenticated  by  the  great  seal  of  the  state, 
which  shall  be  kept  by  the  secretary  of  state. 

(27)  Sec.  12.  All  commissions  issued  to  persons  holding  office  under 
the  provisions  of  this  constitution  shall  be  in  the  name  and  by  the 
authority  of  the  people  of  the  state  of  Michigan,  sealed  with  the  great 
seal  of  the  state,  signed  by  the  governor  and  countersigned  by  the 
secretary  of  state. 

(2S)  Sec.  13.  No  person  shall  be  eligible  to  the  office  of  governor 
or  lieutenant  governor  who  shall  not  have  attained  the  age  of  thirty 
yeai's  and  who  has  not  been  five  years  a  citizen  of  the  United  States 
and  a  resident  of  this  state  two  years  next  preceding  his  election. 

Att'y    General    v.    Detroit    Com.    Council,    112/151. 

(29)  Sec.  14.  No  member  of  congress  nor  any  person  holding  office 
under  the  United  States  or  tliis  state  shall  execute  the  office  of  governor, 
except  as  provided  in  this  constitution. 

(30)  Sec.  15.  No  person  elected  governor  or  lieutenant  governor 
shall  be  eligible  to  any  office  or  appointment  from  the  legislature,  or 
either  house  thereof,  during  the  time  for  which  he  was  elected.  All 
votes  for  either  of  them  for  any  such  office  sliall  be  void. 

(31)  Sec.  16.  In  case  of  the  impeachment  of  the  governor,  his  re- 
moval from  office,  death,  inability,  resignation  or  absence  from  the 
state,  the  powers  and  duties  of  the  office  shall  devolve  upon  the  lieu- 
tenant governor  for  the  residue  of  the  terra  or  until  the  disability 
ceases.  When  the  governor  shall  be  out  of  the  state  at  the  head  of  a 
military  force  thereof,  he  shall  continue  commander-in-chief  of  all  the 
military  force  of  the  state. 

(32)  Sec.  17.  During  a  vacancy  in  the  office  of  governor,  if  the 
lieutenant  governor  die,  resign,  or  be  impeached,  displaced,  be  incap- 
able of  performing  the  duties  of  his  office,  or  absent  from  the  state, 
the  secretary  of  state  shall  act  as  governor  until  the  vacancy  be  filled 
or  the  disability  cease. 

(33)  Sec.  IS.  The  lieutenant  governor  or  secretary  of  state,  while 
performing  the  duties  of  governor,  shall  receive  the  same  compensa- 
tion as  the  governor. 

(34)  Sec.  20.  The  secretary  of  state,  state  treasurer  and  commis- 
sioner of  the  state  land  office  shall  constitute  a  boai'd  of  state  auditors. 
They  shall  examine  and  adjust  all  claims  against  the  state  not  other- 
wise provided  for  by  general  law.  They  shall  constitute  a  board  of  state 
canvassers  to  determine  the  result  of  all  elections  for  governor,  lieu- 
tenant governor,  state  officers  and  such  other  officers  as  shall  by  law 
be  referred  to  them.  They  shall  act  as  a  state  board  of  escheats  and  a 
board  of  fund  commissioners.  They  shall  pei-fonu  such  other  duties 
as  may  be  prescribed  by  law.  In  case  the  office  of  commissioner  of  the 
state  land  office  is  abolished,  another  state  officer  shall  be  designated 
by  law  as  a  member  of  the  several  boards  mentioned  in   this  section. 

STATE  CANVASSERS:  The  determination  of  this  board  is  subject  to  no  review  except 
as  provided  in  the  next  section. — People  v.  Cicott,  16  /  301  ;  Royce  v.  Goodwin,  22  /  501  ; 
Ayrcs  v.  State  Auditors,  42  /  427  ;  Newton  v.  Canvassers,  94  /  459  ;  Vance  v.  Canvassers. 
95  /  466.  As  to  when  a  succeeding  board  may  be  compelled  to  convene  and  recanvass 
returns,  see  Belknap  v.  State  Canvassers,  95/155;  Rich  v.  State  Canvassers,  100/453. 
When  mandamus  will  not  be  issued  against. — Baker  v.  St.  Canvassers,  69  /  656.  See  sec- 
tion 200   and   notes. 

See  Warner  v.  Aud.  Gen.,  129  /  650.  As  to  jurisdiction  of  the  board  In  a  recount  under 
the  primary  election  law,  see  Bradley  v.  Bd.  of  State  Canvassers,  154/274. 


LAWS   RELATING    TO    ELECTIONS.  15 

(35)  Sbc.  21.  The  governor  and  attorney  general  shall  each  receive 
an  annual  salary  of  five  thousand  dollars.  The  secretary  of  state,  state 
treasurer,  commissioner  of  the  state  land  office  and  auditor  general 
shall  each  receive  an  annual  salary  of  twenty-five  hundred  d(dlars.  They 
shall  receive  no  fees  or  perquisites  whatever  for  the  performance  of 
any  duties  connected  with  the  offices.  It  shall  not  be  competent  for 
the  legislature  to  increase  the  salaries  herein  provided. 


AETICLE   VII. 
JUDICIAL  DEPARTMENT. 

(36)  Section  1.  The  judicial  jtowcr  shall  be  vested  in  one  supreme 
court,  circuit  courts,  probate  courts,  justices  of  the  peace  and  such 
other  courts  of  civil  and  criminal  jurisdiction,  inferior  to  the  supreme 
court,  as  the  legislature  may  establish  by  general  law,  by  a  two-thirds 
vote  of  the  members  elected  to  each  house. 

THE  SUPREME  COURT. 

(37)  Sec.  2.  The  supreme  court  shall  consist  of  one  chief  justice 
and  associate  justices,  to  be  chosen  by  the  electors  of  the  state  at 
the  regular  biennial  spring  elections;  and  not  more  than  two  justices 
shall  go  out  of  office  at  the  same  time.  The  tenn  of  office  shall  be 
prescribed  by  law. 

The  number  of  justices  is  now  eiglit  and  term  of  office  eight  years. 


CIRCUIT  COURTS. 

(38)  Sec.  8.  The  state  shall  be  divided  into  judicial  circuits  in 
each  of  which  there  .shall  be  elected  one  circuit  judge.  The  legisla- 
ture may  provide  by  law  for  the  election  of  more  than  one  circuit  judge 
in  any  judicial  circuit.  A  circuit  court  shall  be  held  at  least  four 
times  in  each  year  in  every  county  organized  for  judicial  purposes.  Each 
circuit  judge  shall  hold  court  in  the  county  or  counties  within  the 
circuit  in  which  he  is  elected,  and  in  other  circuits  as  may  be  pro- 
vided by  law.  The  legislature  may  by  law  arrange  tlie  various  cir- 
cuits into  judicial  districts,  and  provide  for  the  manner  of  holding 
courts  therein.  Circuits  and  districts  may  be  created,  altered  or  dis- 
continued by  law,  but  no  such  alteration  or  discontinuance  shall  have 
I  he  elfect  to  remove  a  judge  from  office. 

Royce   v.    Goodwin,   22  /  406. 

(39)  Sec.  9.  Circuit  judges  shall  be  elected  on  the  first  Monday 
in  April,  nineteen  hundred  eleven,  and  every  sixth  year  thereafter. 
They  shall  hold  office  for  a  term  of  six  years  and  until  their  succe.s- 


16  STATE   OF   MICHIGAN. 


sors  are  elected  and  qualified.  They  shall  be  ineligible  to  any  other 
than  a  judicial  ofiice  during  the  term  for  which  they  are  elected  and 
for  one  year  thereafter, 

reople   V.    Burch,    84  /  408. 

As  to  election  of  circuit  judges,  see  sections   49S-505. 

(4.0)  Sec.  12.  Each  of  the  judges  of  the  circuit  courts  shall  re- 
ceive a  salary  payable  monthly.  In  addition  to  the  salary  paid  from 
the  state  treasui-y,  each  circuit  judge  may  receive  from  any  county  in 
which  he  regularly  holds  court  such  additional  salary  as  may  be  de- 
termined from  time  to  time  by  the  board  of  supervisors  of  the  county. 
In  any  county  where  such  additional  salary  is  gi'anted  it  shall  be 
paid  at  the  same  rate  to  all  circuit  judges  regularly  holding  court 
therein. 

PROBATE  COURTS. 

(41)  Sec.  13.  In  each  county  organized  for  judicial  purposes,  there 
shall  be  a  probate  court.  The  jurisdiction,  powers  and  duties  of  such 
courts  and  of  the  judges  thereof  shall  be  prescribed  by  law,  and  they 
shall  also  have  original  jurisdiction  in  all  cases  of  juvenile  delinquents 
and  dependents. 

(42)  Sec.  14.  Judges  of  probate  shall  be  elected  in  the  counties  in 
which  they  reside,  and  shall  hold  office  for  four  years  and  until  their 
successors  are  elected  and  qualified.  They  shall  be  elected  on  the  Tues- 
day succeeding  the  first  llonday  of  November,  nineteen  hundred  twelve, 
and  every  four  years  thereafter.  The  legislature  may  provide  by  law 
for  the  election  of  more  than  one  judge  of  probate  in  counties  with 
more  than  one  hundred  thousand  inhabitants,  and  may  provide  for  the 
election  of  such  judges  in  such  counties  at  alternate  biennial  elections. 

PROBATE  JUDGES :  The  duties  performed  by  probate  judges  are  in  no  sense  services 
performed  tor  their  respective  counties  and  they  are  in  no  sense  county  officers.  They 
exercise  a  portion  of  the  judiciai  and  prerogative  power  of  the  state  and  cannot  be  sub- 
jected to  the  direction  of  any  body  inferior  to  the  legislature. — Douvielle  v.  Manistee  Su- 
pervisors, 40  /  585.  But  probate  judges  must  reside  within  the  counties  for  which  elected, 
— Uoyce  V.   Goodwin,   22  /  496.      Appointment   to   till  vacancy. — People   v.    Lord,  9  /  227. 


JUSTICES  OF  THE  PEACE. 

(43)  Sec.  15.  There  shall  be  elected  in  each  organized  township  not 
to  exceed  four  justices  of  the  peace,  each  of  whom  shall  hold  the  office 
for  four  years  and  until  his  successor  is  elected  and  qualified.  At  the 
first  election  in  any  township  they  shall  be  classified  as  shall  be  pre- 
scribed by  law.  A  justice  elected  to  fill  a  vacancy  shall  hold  the  office 
for  the  residue  of  the  unexpired  term.  The  legislature  may  provide 
by  law  for  justices  in  cities. 

FOUR  JUSTICES:  There  has  always  been,  under  the  constitution,  four  justices  pro- 
vided by  law  for  each  township,  and  the  term  of  years  of  the  ofiice,  and  the  provision 
for  classification  of  the  terms  at  the  first  election  tend  to  support  the  theory  that  It  was 
intended  bv  the  constitution  that  there  should  be  four  justices  in  each  township ;  but 
the  constitution  strictly,  bv  its  terms,  does  not  provide  that  there  must  be  four  justices 
in  a  township,  but  that  there  shall  be  not  exceeding  four. — Brooks  v.  Hydorn,  76/273. 
A  justice  of  the  peace  is  a  constitutional  officer  and  cannot  be  legislated  out  of  office 
by  the  reorganization  of  a  municipality  or  the  amendment  of  a  charter. — Gratupp  v.  Van 
Epps,  113  /  590  ;  see  also  Att'y  Gen.  v.  Loomis,  141  /  547.  As  to  the  election  of  justices 
in   townships,   see   section  305  of   this  compilation,   also  sections  2360-73  of  C.    L.   1807. 

MUST   BE    ELECTED :      The   constitution    requires    all   justices   to    be    elected    and   it   is 


LAWS   RELATING    TO    ELECTIONS.  17 

against    public    policy    to    have    them    chosen    otherwise    except    for    temporary    purposes. — 
Kdison   v.    Almy,   66  /  329  ;   Brooks    v.    Hydorn,   76  /  275. 

TERM  OF   OFFICE:      See  Messenger  v.   Teagan,   106/054;   Ilulbert  v.   Henry.   105/212. 


GENERAL    PROVISIONS. 

(4-t)  Sec.  19.  Whenever  a  judge  shall  remove  beyond  the  limits  of 
the  jurisdiction  for  which  he  was  elected,  or  a  justice  of  the  peace  from 
the  township  in  which  he  was  elected,  or  by  a  change  in  the  boundaries 
of  such  township  shall  be  placed  \\itliout  the  same,  he  shall  be  deemed 
to  have  vacated  the  office. 

Sec  Roycc  v.  Goodwin,   22/400;   Faulks  v.   People,  39/200. 

(45)  Sec.  20.  Wlien  a  vacancy  occurs  in  the  office  of  judge  of  any 
court  of  record,  it  shall  be  filled  l)y  appointment  of  the  governor,  and 
the  ])erson  ajipointed  shall  hold  the  office  until  a  successor  is  elected 
and  qualified.  When  elected,  such  successor  shall  hold  the  office  the 
residue  of  the  unexpired  term. 

The  appointee  under  this  provision  holds  only  until  the  election  of  a  successor. — People 
V.  I.nrd.  9  /  227  ;  Lawrence  v.  Ilanley,  84  /  405  ;  People  V.  Burch,  84  /  408  ;  Adsit  v.  Sec'y 
cif    Slate,    84/420;    People   v.    Palmer,    91/283. 

(4(!)  Sec.  21.  The  legislature  may  provide  by  law  for  the  election 
of  one  or  more  persons  in  each  organized  county  who  may  be  vested  with 
judicial  powers  not  exceeding  those  of  a  judge  of  the  circuit  court  at 
chambers. 

riRCDIT  COURT  COMMISSIONER:  The  circuit  court  commissioner  is  a  subordinate 
and  assistant  to  the  circuit  court  rather  than  an  independent  judicial  officer. — Burger's 
Case,  ."9  /  203.  As  to  requirement  that  he  be  an  attorney  at  law,  see  People  v.  May,  3  / 
600.  See  Hunt  v.  Wayne  .Judges,  142/117.  For  statutory  provisions  as  to  this  officer, 
see  section   453. 


ARTICLE   VIII. 

LOCAL  GOVERNMENT. 

COUNTIES. 

(47)  Sec.  3.  There  sliall  be  elected  biennially  in  each  organized 
county  a  sheriff,  a  county  clerk,  a  county  treasurer,  a  register  of  deeds 
and  a  prosecuting  attorney,  whose  duties  and  powers  shall  be  pi'escribed 
by  law.  The  board  of  supervisors  in  any  county  may  unite  the  offices 
ofcounty  clerk  and  register  of  deeds  in  one  office  or  separate  the  same 
at  pleasui-e. 

The  prosecuting  attorney  must  be  an  attorney  at  law. — People  v.  May,  3  /  598,  And  a 
male  citizen. — Att'y  General  v.  Abbott,  121/541.  See  Election  Com'rs  v.  Wayne  Circuit 
.Tudgos,    172/430,  434. 

(48)  Sec.  4.  The  sheriff,  county  clerk,  county  treasurer,  judge  of 
probate  and  register  of  deeds  shall  hold  their  offices  at  the  county 
seat. 

3 


18  STATE   OF   MICHIGAN. 


(49)  Sec.  5.  The  sheriff  shall  hold  no  other  office,  and  shall  be  in- 
capable of  holding  the  olxice  of  sheriff  longer  than  four  in  any  period 
of  six  years.  He  may  be  required  by  law  to  renew  his  security  from 
time  to  time,  and,  in  default  of  giving  such  security,  his  office  shall 
be  deemed  vacant.     The  county  shall  never  be  responsible  for  his  acts. 

Lamorcaux  v.  Att'y   General,   89/146. 

(50)  Sec.  fi.  The  legislature  shall  by  general  law  provide  for  the 
appointment  of  a  boai'd  of  jury  commissioners  in  each  county;  but  such 
law  shall  not  become  operative  in  any  county  until  a  majority  of  the 
electors  of  the  county  voting  thereon  shall  so  decide. 

(51)  Sec.  7.  A  board  of  supervisors,  consisting  of  one  from  each 
organized  to^^^lship,  shall  be  established  in  each  county,  with  such 
powers  as  shall  be  prescribed  by  law.  Cities  shall  have  such  represen- 
tation in  the  boards  of  supervisors  of  the  counties  in  which  they  are 
situated  as  may  be  provided  by  law. 

(52)  Sec.  9.  The  boards  of  supenisors  shall  have  exclusive  power 
to  fix  the  salaries  and  compensation  of  all  county  officials  not  other- 
wise provided  for  by  law.  The  boards  of  supervisors,  or  in  counties 
having  county  auditors,  such  auditors,  shall  adjust  all  claims  against 
their  respective  counties;  appeals  may  be  taken  from  such  decisions  of 
the  boards  of  supervisors  or  auditors  to  the  circuit  court  in  such  man- 
ner as  shall  be  prescribed  by  law. 


TOWNSHIPS. 

(5S)  Sec.  IS.  Thei-e  shall  be  elected  annually  on  the  first  Monday 
of  April  in  each  organized  township  one  supervisor,  one  township  clerk, 
one  commissioner  of  liighways,  one  toi^Tiship  treasurer,  not  to  exceed 
four  constables  and  one  overseer  of  highways  for  each  highway  dis- 
trict, whose  powers  and  duties  shall  be  prescribed  by  law. 

The  office  of  school  inspector  was  eliminated  by  this  section. 

For  election   of   overseers   of  highways,   see   section   325. 

ORGANIZED  TOWNSHIPS :  Townships,  in  which  electors  can  lawfully  vote  and  whose 
supervisors  conjointly  may  exercise  the  legislative  and  administrative  powers  of  the  cor- 
porations, are  necessary  subdivisions  of  the  county.  A  county  cannot  be  organized  without 
tlie  existence  of  townships,  and  there  must  be  more  than  one  township. — People  v.  May- 
nard,  15/4C3.  A  new  township,  organized  without  special  conditions,  becomes  a  "town- 
ship" within  the  meaning  of  the  constitution  and  laws,  clothed  with  the  same  rights 
and  powers  and  subject  to  the  same  duties  as  Ijelong  to  new  townships  generally.  It 
becomes  severed  from  the  school  district  organization  in  which  it  was  formerly  embraced. 
—People  V.  Ryan,  19  /  203.  There  is  nothing  to  indicate  that  it  was  intended"  to  embrace 
organized  and  incorporated  cities  and  villages  within  the  term  "organized  townsliips." — 
White  V.    Supervisors,    105/612. 

ELECTIONS :  The  townships  in  which  elections  are  held  must  be  organized  town- 
ships.— People    V.   Maynard,    15/4G3. 

TOWNSHIP  OFFICERS'  FUNCTIONS :  The  functions  of  township  officers,  who  are 
continued  by  constitutional  enactment,  are  as  clearly  within  the  contemplation  and  pro- 
tection of  tile  constitution  as  are  the  officers  themselves,  and  the  legislature  has  no  more 
power  to  deprive  those  officers  of  tlieir  authority  and  confer  tliat  authority  upon  officers 
not   of  local    selection,    than    it    has   to    abolish    the   offices. — Davies    v.    Supervisors,    89  /  295. 

SUPERVISORS:  These  officers,  who  may  constitute  a  county  board,  are  necessary  to 
the  organization  of  a  county. — I*eople  v.  Maynard,  15  /  463.  The  effect  of  this  section, 
construed  with  sec.  7  of  art.  viii,  is  to  limit  the  power  of  the  legislature  to  give  organized 
townships  more  than  one  representative  on  the  board  of  supervisors,  and  imposes  the  duty 
to  give  cities  some  representation  therein. — Att'y  Gen.  v.  Preston,  56  /  177.  For  the  distinc- 
tion between  a  supervisor  and  an  ex  officio  member  of  the  board  of  supervisors,  see  the 
case   last   cited,   and    Holden   v.    Supervisors,   77  /  202. 

HIGHWAY  OFFICERS:  Highway  commissioners  are  constitutional  officers. — Burnham 
V.  Township,  46  /  555.  The  powers  of  highway  commissioners  and  overseers  are  subject 
to  legislative  modification,  but  no  legislation  can  abolish  the  offices  or  take  away  all  their 
functions.  The  highways  in  each  district  must,  to  some  extent  at  least,  be  subject  to  an 
overseer  elected  by  the  people. — Hubbard  v.  Twp.  Board,  25/153. 


LAWS    RELATING    TO    ELECTIONS.  19 

COiS'STABLES :  No  uiunitiiiul  torporalion  ever  existed  here  or  in  England  witliout 
constables  or  officers  answering  to  constables.  They  are  here  and  always  have  been  the 
local  pence  officers  of  their  vicinasc,  the  ministerial  officers  of  justices  of  the  peace  and 
tlie  bailiffs  of  courts  of  record  of  criminal  jurisdiction  in  the  county. — Allor  v.  Wayne 
Auditors.  43  /  76.   102. 

CITIES  AND  VILLAGES. 

(54)  Sec.  20.  The  •  legislature  shall  provide  by  a  general  law  for 
the  incorporation  of  cities,  and  by  a  general  law  for  the  incorporation  of 
villages;  such  general  laws  shall  limit  their  rate  of  taxation  for  muni- 
cipal purposes,  and  restrict  their  powers  of  borrowing  money  and  con- 
tracting debts. 

(55)  Sec.  21.  Under  such  general  laws,  the  electors  of  each  city 
and  village  shall  have  power  and  authority  to  frame,  adopt  and  amend 
its  charter  and  to  amend  an  existing  charter  of  the  city  or  village  here- 
tofore granted  or  passed  by  the  legislature  for  the  government  of 
the  city  or  village  and,  through  its  regularly  constituted  authority,  to 
jiass  all  laws  and  ordinances  relating  to  its  municipal  concerns,  sub- 
ject to  the   constitution   and  general   laws  of  this   state. 

Amendment  proposed  by  C.  R.  2  of  1912  (2d.  Ex.  Scss.)  and  ratified  at  the  general  elec- 
tion of  1913. 

(56)  Sec.  25.  No  city  or  village  shall  have  power  to  abridge  the 
right  of  elective  franchise,  to  loan  its  credit,  nor  to  assess,  levy  or 
collect  any  tax  or  assessment  for  other  than  a  public  purpose.  Nor  shall 
any  city  or  village  acquire  any  public  utility  or  grant  any  public  utility 
franchise  which  is  not  subject  to  revocation  at  the  will  of  the  city  or 
village,  unless  such  proposition  shall  have  first  received  the  affirmative 
vote  of  three-fifths  of  the  electors  of  such  city  or  village  voting  thereon 
at  a  regular  or  special  municipal  election ;  and  upon  such  proposition 
women  taxpayers  having  the  qualifications  of  male  electors  shall  be 
entitled  to  vote. 

GENERAL   PROVISIONS. 

(57)  Sec.  26.  The  legislature  may  by  general  law  provide  for  the 
laying  out,  construction,  improvement  and  maintenance  of  highways, 
bridges  and  culverts  by  counties,  districts  and  townships;  and  may 
authorize  counties  or  districts  to  take  charge  and  control  of  any  high- 
ways within  their  limits  for  such  purposes.  The  legislature  may  also  by 
general  law  prescribe  the  powers  and  duties  of  boards  of  supervisore  in 
relation  to  highways,  bridges  and  culverts;  may  provide  for  county  and 
district  road  commissioners  to  be  appointed  or  elected,  with  such  powers 
and  duties  as  may  be  prescril)ed  by  law;  and  may  change  and  abolish 
the  powers  and  duties  of  township  commissioners  and  overseers  of  high- 
ways. The  legislature  may  provide  by  law  for  submitting  the  question  of 
adopting  a  county  or  district  road  .system  to  the  electors  of  the  counties 
or  proposed  districts,  and  such  road  system  shall  not  go  into  operation 
in  any  county  or  district  until  approved  by  a  majority  of  the  electors 
thereof  voting  on  such  question.  The  tax  raised  for  road  purposes 
shall  not  exceed  in  any  one  year  three  dollars  upon  each  one  thoii.sand 
dollars  of  assessed  valuation   for  the  preceding  year. 


20  STATE   OF   MICHIGAN. 


AETICLE    IX. 
IMPEACHMENTS  AND  REMOVALS  FROM  OFFICE. 

(58)  Section  1.  Tlio  house  of  representatives  shall  have  the  sole 
power  of  impoaohing  civil  officers  for  corrupt  conduct  in  office,  or  for 
crimes  or  misdemeanors;  hut  a  majority  of  the  members  elected  shall 
be  necessar-j'  to  direct  an  impeachment. 

(59)  Skc.  3.  Eveiy  impeachment  shall  be  tried  by  the  senate.  When 
the  governor  or  lieutenant  governor  is  tried,  the  chief  justice  of  the 
supreme  court  shall  preside.  AVhen  an  impeachment  is  directed,  the 
senate  shall  take  an  oath  or  affirmation  truly  and  impartially  to  try  and 
determine  the  same  according  to  the  evidence.  No  person  shall  he  con- 
victed without  the  concurrence  of  two-thirds  of  the  members  elected. 
Judgment  in  case  of  impeachment  shall  not  extend  further  than  re- 
moval from  office,  but  the  person  convicted  shall  be  liable  to  punishment 
according  to  law. 

(60)  Sec.  4.  No  judicial  officer  shall  exercise  his  office  after  an 
impeachment  is  directed  until  he  is  acquitted. 

(CI)  Sec.  5.  The  governor  may  make  a  provisional  appointment  to 
fill  a  vacancy  occasioned  by  the  suspension  of  an  officer,  until  he 
shall  be  acquitted  or  until  after  the  election  and  qualification  of  a 
successor. 

(()2)  Sec.  0.  For  reasonable  cause,  which  shall  not  be  sufficient 
ground  for  impeachment,  the  governor  shall  remove  any  judge  on  a 
concurrent  resolution  of  two-thirds  of  the  members  elected  to  each  house 
of  the  legislature;  and  the  cause  for  which  such  removal  is  required 
shall  be  stated  at  length  in  such  resolution. 

(03)  Sec.  7.  The  governor  shall  have  power  and  it  shall  be  his 
duty,  except  at  such  time  as  the  legislature  may  be  in  session,  to  ex- 
amine into  the  condition  and  administration  of  any  public  office  and 
the  acts  of  any  public  officer,  elective  or  appointive;  to  remove  from 
office  for  gross  neglect  of  duty  or  for  corrupt  conduct  in  office,  or  any 
other  misfeasance  or  malfeasance  thei-ein,  any  elective  or  appointive 
state  officer,  except  legislative  or  judicial,  and  report  the  causes  of 
such  removal  to  the  legislature  at  its  next  session. 

(64)  Sec.  8.  Any  officer  elected  by  a  county,  city,  village,  town- 
ship or  school  district  may  be  removed  from  office  in  such  manner  and 
for  such  cause  as  shall  be  prescribed  by  law. 


ARTICLE  X. 
FINANCE  AND  TAXATION. 

(65)  Sec.  19.  No  collector,  holder  or  disburser  of  public  moneys 
shall  have  a  seat  in  the  legislature,  nor  be  eligible  to  any  office  of 
trust  or  profit  under  tliis  state,  until  he  shall  have  accounted  for  and 
paid  over,  as  provided  by  law,  all  sums  for  which  he  may  be  liable. 


LAWS   RELATING    TO    ELECTIONS.  21 


ARTICLE   XI. 

EDUCATION. 

(00)  Sec.  2.  A  superiiitdKloiit  of  public  instmction  sliall  be  elected 
at  the  regular  election  to  be  liekl  on  the  first  Monday  in  April,  nine- 
teen hundred  nine,  and  every  second  year  thereafter.  He  shall  hold  office 
for  a  period  of  two  years  from  the  firet  day  of  July  following  his  elec- 
tion and  until  his  successor  is  elected  and  qualified.  He  shall  have 
general  supervision  of  public  instruction  in  the  state.  He  shall  be  a 
member  and  secretary  of  the  stale  board  of  education.  He  shall  be  ex- 
officio  a  member  of  all  other  boards  having  control  of  public  instruc- 
tion in  any  state  institution,  with  the  right  to  speak  but  not  to  vote. 
His  duties  and  compensation  shall  be  prescribed  by  law. 

Election   of   superinfcndont   of   public    instruction,   sec   section   511.      His   salary   was    fixed 
at  $4,000. 

(07)  Sec.  3.  There  shall  be  a  board  of  regents  of  the  university, 
consisting  of  eight  menibei-s,  who  shall  hold  the  office  for  eight  years. 
There  shall  be  elected  at  each  regular  biennial  spring  election  two  mem- 
bers of  such  board.  When  a  vacancy  shall  occur  in  the  office  of  re- 
gent it  shall  be  filled  by  appointment  of  the  governor. 

Election   of  regents,   see  sections   506-509. 

(08)  Skc.  5.  The  regents  of  the  university  shall,  as  often  as  neces- 
sary, elect  a  president  of  the  university.  The  president  of  the  university 
and  the  superintendent  of  public  instruction  shall  be  ex-officio  mem- 
bers of  the  board  of  regents,  AAith  the  privilege  of  speaking  but  not  of 
voting.  The  president  shall  preside  at  the  meetings  of  the  board  and 
l)e  the  principal  executive  officer  of  the  university.  The  board  of 
regents  .shall  have  the  general  sui)ervision  of  the  university  and  the 
direction  and  control  of  all  expenditures  from  the  university  funds. 

(09)  Sec.  G.  The  state  board  of  education  shall  consist  of  four 
membei"s.  On  the  first  Jlonday  in  April,  nineteen  hundred  nine,  and 
at  each  succeeding  biennial  spring  election,  there  shall  be  elected  one 
member  of  such  board  wiio  shall  hold  his  office  for  six  years  from  the 
first  day  of  July  following  his  election.  The  state  board  of  education 
shall  have  general  supervision  of  the  state  normal  college  and  the  state 
normal  schools,  and  the  duties  of  said  board  shall  be  prescribed  by 
law. 

Election  of   members  state  board   of  education,   see   section   510. 

(70)  Sec.  7.  There  shall  be  elected  on  the  first  Monday  in  April, 
nineteen  hundred  nine,  a  slate  board  of  agricultui'e  to  consist  of  six 
member.s,  two  of  whom  shall  hold  the  office  for  two  years,  two  for  four 
years  and  two  for  six  years.  At  every  regular  biennial  spring  election 
thereafter,  there  shall  be  elected  two  members  whose  term  of  office  shall 
be  six  years.  The  members  thus  elected  and  their  successors  in  office 
shall  be  a  body  corporate  to  be  kuowni  as  "The  State  Board  of  Agricul- 
ture." 

(71)  Sec.  S.     The  state  board  of  agriculture  shall,  as  oflen  as  neces- 


22  STATE    OF    MICHIGAN. 


sary,  elect  a  president  of  the  agricultural  college,  who  shall  be  ex-ofHcio 
a  memlier  of  the  board  with  the  privilege  of  speaking  but  not  of  voting. 
He  shall  preside  at  the  meetings  of  the  board  and  be  the  principal 
executive  officer  of  the  college.  The  board  shall  have  the  general  super- 
vision of  the  college,  and  the  direction  and  control  of  all  agricultural 
college  funds;  and  shall  perfonu  such  other  duties  as  may  be  pre- 
scribed by  law. 


AETICLE  XVI. 
MISCELLANEOUS  PROVISIONS. 

(72)  Section  1.  The  terms  of  oflBce  of  all  elective  state  officers  and 
of  all  judges  of  courts  of  record  shall  begin  on  the  first  day  of  January 
next  succeeding  their  election,  except  as  othei-wise  prescribed  in  this 
constitution.  The  tenns  of  office  of  all  county  officers  shall  begin  on 
the  first  day  of  January  next  succeeding  their  election,  except  as  other- 
wise prescribed  by  law. 

(73)  Sec.  2.  Members  of  the  legislature  and  all  officers,  executive 
and  judicial,  except  such  officers  as  may  by  law  be  exempted,  shall,  be- 
fore they  enter  on  the  duties  of  their  respective  offices,  take  and  sub- 
scribe the  following  oath  or  affirmation :  "I  do  solemaly  swear  (or 
affirm)  that  I  will  support  the  con.etitution  of  the  United  States  and 
the  constitution  of  this  state,  and  that  I  will  faithfully  discharge  the 

duties  of  the  office  of according  to  the  best  of  my  ability."     No 

other  oath,  declaration  or  test  shall  be  required  as  a  qualification  for 
any  office  or  public  tinist. 

(74)  Sec.  3.  Neither  the  legislature  nor  any  municipal  authority 
shall  grant  or  authorize  extra  comi)ensatiou  to  any  public  officer,  agent, 
employe  or  contractor  after  the  service  has  been  rendered  or  the  con- 
tract entered  into.  Salaries  of  public  officers,  except  circuit  judges, 
shall  not  be  increased,  nor  shall  the  salary  of  any  public  officer  be 
decreased,  after  election  or  appointment. 

(75)  Sec.  4.  In  case  tv\o  or  more  per.sons  have  an  equal  and  the 
highest  number  of  votes  for  any  office,  as  canvassed  by  the  board  of  state 
canvassei-s,  the  legislature  in  joint  conveniion  shall  choose  one  of  said 
persons  to  fill  such  office.  When  the  determination  of  the  board  of 
state  canvassers  is  contested,  the  legislature  in  joint  convention  shall 
decide  which  person  is  elected. 

(76)  Sec.  5.  The  legislature  may  provide  by  law  the  cases  in  which 
any  office  shall  be  deemed  vacant  and  the  manner  of  filling  vacancies, 
where  no  provision  is  made  in  this  constitution. 

Election   C'om'rs   v.    Wayne   Circuit   Judges,    172  /  430. 


LAWS   RELATING    TO    ELECTIONS.  23 


ARTICLE  XVII. 
AMENDMENT  AND  REVISION. 

(77)  Sicc'Tiox  1.  Any  amendmeut  or  amendments  to  this  constitu- 
tion may  be  proposed  in  the  senate  or  house  of  representatives.  If 
the  same  shall  be  agreed  to  by  two-thirds  of  the  members  elected  to 
each  house,  such  amendmeut  or  amendments  shall  be  entered  on  the 
journals,  respectively,  ^Aith  tlio  yeas  and  nays  taken  thereon ;  and  the 
same  shall  be  submitted  to  the  electors  at  the  next  spring  or  autumn 
election  thereafter,  as  the  legislature  shall  direct ;  and,  if  a  majority 
of  electors  qualified  to  vote  for  members  of  the  legislature  voting 
thereon  shall  ratify  and  approve  such  amendment  or  amendments,  the 
same  shall  become  part  of  the  constitution. 

See  Westingbausen  t.  People,  44  /  265 ;  Murphy  Chair  Co.  v.  Atfy  General,  148  /  563 ; 
Carton  v.   Sec'y  of  State,   151  /  337. 

(78)  Sec.  2.  Amendments  may  also  be  proposed  to  this  constitu- 
tion by  petition  of  the  qualified  voters  of  this  state.  Evei-y  such  peti- 
tion shall  include  the  full  text  of  the  amendment  so  proposed,  and  be 
signed  by  not  less  than  ten  per  cent  of  the  legal  voters  of  the  state. 
Initiative  petitions  proposing  an  amendment  to  this  constitution  shall 
be  filed  with  the  secretan*  of  state  at  least  four  months  before  the 
election  at  which  sucli  proposed  amendmeut  is  to  be  voted  upon.  Upon 
receipt  of  such  petition  by  the  secretary  of  state  he  shall  canvass  the 
same  to  ascertain  if  such  petition  has  been  signed  by  the  requisite 
number  of  qualified  electors,  and  if  the  same  has  been  so  signed,  the 
proposed  amendment  shall  be  submitted  to  the  electors  at  the  next  reg- 
ular election  at  which  any  state  officer  is  to  be  elected.  Any  consti- 
tutional amendment  initiated  by  the  j)eople  as  herein  i)rovided,  shall 
take  effect  and  become  a  jiart  of  the  constitution  if  the  same  shall 
be  approved  by  a  majority  of  the  electors  voting  thereon  and  not  other- 
wise. Every  amendment  shall  take  elTect  thirty  days  after  the  elec- 
tion at  which  it  is  api)roved.  The  total  number  of  votes  cast  for  gov- 
ernor at  the  regular  election  last  preceding  the  filing  of  any  petition 
proposing  an  amendment  to  the  constitution,  shall  be  the  basis  upon 
which  the  number  of  legal  voters  necessary  to  sign  such  a  petition 
shall  be  computed.  The  secretary  of  state  shall  submit  all  proposed 
amendments  to  the  constitution  initiated  by  the  people  for  adoption  or 
rejection  in  compliance  herewith.  The  petition  shall  consist  of  sheets 
in  sucli  form  and  having  jjrinted  or  written  at  the  top  thereof  such 
heading  as  shall  be  designated  or  prescribed  by  the  secretary  of  state. 
Such  petition  shall  be  signed  by  qualified  votei's  in  person  only  with 
the  residence  address  of  such  persons  and  the  date  of  signing  the 
same.  To  each  of  such  petitions,  which  may  consist  of  one  or  more 
sheets,  shall  be  attached  the  affidavit  of  the  elector  circulating  the 
same,  stating  that  each  sigTiature  thereto  is  the  genuine  signature  of 
the  person  sig-niiig  the  same,  and  that  to  the  best  knowledge  and  belief 
of  the  affiant  eacli  jierson  signing  tJie  i)etition  was  at  the  tiin(>  of  sign- 
ing a  qualified  elector.  Suth  ])etition  so  verified  sliall  be  prima  facie 
evidence  that  the  signatures  thereon  arc  genuine,  and  that  the  per- 
sons signing  the  same  are  qualified  electors.   The  text  of  all  amendments 


24  STATE   OF   MICHIGAN. 


to  be  submitted  shall  be.  ])iililislK'd  us  constitutional  amendments  are 
now  required  to  be  published. 

Amendmont  pioposcil  b.v   C.   It.   3  of  1913   and  ratified   at  tbe  April  clecliou  (if   1913. 

(79)  Sec.  3.  All  proposed  amendments  to  the  constitution  sub- 
mitted to  the  electors  shall  be  published  in  full,  with  any  existing 
provisions  of  the  constitution  which  would  be  altered  or  abrogated 
thereby,  and  a  copy  theieof  shall  be  posted  at  each  registration  and 
election  place.  Proposed  amendments  shall  also  be  printed  in  full  on 
a  ballot  or  ballots  separate  from  the  ballot  containing  the  names  of 
nominees  for  public  ofQce. 

rublicity  of  constitutional    amendments,   see  section   634. 

(SO)  Sec.  4.  At  the  general  election  to  be  held  in  the  year  nine- 
teen hundred  twenty-six,  in  each  sixteenth  year  thereafter  and  at  such 
other  times  as  may  be  provided  by  law,  the  question  of  a  general  re- 
vision of  the  constitution  shall  be  submitted  to  the  electors  qualified 
to  vote  for  members  of  the  legislature.  In  case  a  majority  of  such 
electors  voting  at  such  election  shall  decide  in  favor  of  a  convention 
for  such  purpose,  at  the  next  biennial  spring  election  the  electors  of 
each  senatorial  district  of  the  state  as  then  organized  shall  elect  three 
delegates.  The  delegates  so  elected  shall  convene  at  the  state  capitol  on 
the  first  Tuesday  in  September  next  succeeding  such  election,  and 
shall  continue  their  sessions  until  the  business  of  the  convention  shall 
be  conipleted.  A  majority  of  the  delegates  elected  shall  constitute  a 
quorum  for  the  transaction  of  business.  The  convention  shall  choose 
its  own  officers,  determine  the  rules  of  its  proceedings  and  judge  of 
the  qualifications,  elections  and  returns  of  its  members.  In  case  of  a 
vacancy  by  death,  resignation  or  otlierwise,  of  any  delegate,  such  va- 
cancy shall  be  filled  by  appointment  by  the  governor  of  a  qualified 
resident  of  the  same  district.  The  convention  shall  have  power  to 
appoint  such  officers,  employes  and  assistants  as  it  may  deem  necessary 
and  to  fix  their  compensation,  and  to  provide  for  the  printing  and  dis- 
tribution of  its  documents,  journals  and  proceedings.  Each  delegate 
shall  receive  for  his  seiwices  the  sum  of  one  thousand  dollars  and  the 
same  mileage  as  shall  then  be  payable  to  members  of  the  legislature, 
but  such  compensation  may  be  increased  by  law.  No  proposed  consti- 
tution or  amendment  adopted  by  such  convention  shall  be  submitted 
to  the  electors  for  approval  as  hereinafter  provided  unless  by  the  as- 
sent of  a  majority  of  all  the  delegates  elected  to  the  convention,  the 
yeas  and  nays  being  entered  on  the  journal.  Any  proposed  constitu- 
tion or  amendments  adopted  by  such  convention  shall  be  submitted  to 
the  qualified  electors  in  the  manner  provided  by  such  convention  on 
the  first  Monday  in  April  following  the  final  adjournment  of  the  con- 
vention; but,  in  case  an  interval  of  at  least  ninety  days  shall  not  in- 
tervene between  such  final  adjournment  and  the  date  of  such  election, 
then  it  shall  be  submitted  at  the  next  general  election.  Upon  the 
approval  of  such  constitution  or  amendments  by  a  majority  of  the 
qualified  electors  voting  thereon  such  constitution  or  amendments  shall 
take  efl'cct  on  the  fiist  day  of  .Taiiunry  following  the  apjiroval  thereof. 


LAWS   RELATING    TO    ELECTIONS.  25 


SCHEDULE. 

(81)  Sec.  G.  All  officers  elected  iindci'  the  existino-  constitution  and 
laws  on  the  Tuesday  aftei-  the  firsf  Monday  of  November,  nineteen  hun- 
dred eight,  shall  take  office  on  and  after  the  lirst  day  of  January,  nine- 
teen hundred  nine,  under  this  constitution. 

(82)  Sec.  7.  Until  otherwise  jirovided,  the  salaries  or  compensation 
of  all  public  officers  shall  continue  as  provided  under  the  existing  con- 
stitution and  laws. 

ELECTIONS  DEFINED. 

[Extiact    from    Cli.    1,    n.    S.    1S46.] 

(83)  §  .50.  Sec.  3.  Sub.  Div.  4.  The  words  "annual  Annual  town- 
meeting,"  when  ai)])lied  to  townships,  shall  be  construed  ''^'^  meeting. 
to  mean  the  annual  meeting  required  by  law  to  be  held  in 

tiie  month  of  April. 

Sub.  Div.  19.  The  words  "general  election,"  shall  be  con-  General 
strued  to  mean  the  election  required  by  law  to  be  held  in  the  '''^<=*'''"- 
month  of  November. 

GENER.vr>  ELECTION :  Tlie  soneral  election  is  not  a  township  meeting 
in  any  legal  sense. — People  v.  Knight,  13  /  420.  Under  the  constitution  there 
was  only  one  election  which  was  ever  referred  to  as  a  general  election,  and 
that  the  term  was  used  as  identical  with  the  November  election,  which  was 
previously  annual,  and  thereby  made  biennial.  That  was  the  only  election 
held  simultaneously  throughout  all  the  state  for  officers  to  represent  the  whole 
state. — Westinghausen  r.  People,  44  /  260.  And  it  is  hardly  necessary  to 
say  that  subsetjuent  legislation  could  not  cliange  the  meaning  or  effect 
of  any  part  of  the  constitution. — Id.  270.  The  only  foundation  for  any 
notion  tliat  the  spring  elections  can  serve  the  purpose  of  the  general  elec- 
tion mentioned  in  the  constitution  is  that  in  organizing  the  present  supreme 
court  in  18.^7,  the  statute  declared  that  a  "general  election"  sliould  be  held 
on  the  first  Monday  in  April  every  second  year  for  the  election  of  judges. 
Of  course,  the  legislature  can  make  their  own  definitions  for  statutor.v  pur- 
poses, but  this  would  not  change  the  constitutional  definition  or  malie  it 
apply  to  any  election  not  within  the  constitutional  contemplation. — Id.  271. 
The  language  of  Art.  20,  Const,  of  1850,  taken  with  all  the  various  other 
provisions  which  refer  to  general  elections,  very  plainly  refers  to  the  fall 
election,  and  that  the  practical  construction  put  upon  it  is  correct  and 
binding. — Id.  272.  The  words  "general  election"  used  in  the  constitution 
and  statute,  as  applied  to  the  ofiice  of  .ludge  of  probate,  can  have  no  other 
meaning  than  the  biennial  election  held  in  November,  and  an  election  at 
any  other  time  to  that  office  must  be  regarded  as  a  special  election. — 
People  v.  Palmer,  91  /  283.  The  term  "general  election"  must  be  held  to 
mean  the  November,  and  not  the  April  election,  unless  inconsistent  with  the 
manifest  intent  of  the  legislature. — Edgar  v.  Klection  Commissioners,  118  / 
418. 

See  Carton  v.  Sec'y  of  State,  151  /  357 ;  Chase  v.  Election  Com'rs  of 
Wayne    Co.,    151/407. 


CHAPTER    II.— REGISTRATION   OF   ELECTORS. 

An  Act  further  to  preserve  the  purity  of  elections,  and  guard  against 
the  abuse  of  the  elective  franchise,  by  a  registration  of  electors. 

[Act    177,    S.   I,.    18.50.] 

The-  People  of  the  State  of  Michigan  enact: 

(84)     §  3536.     Section  1.     That  there  shall  be,  in  the  year  Registration 
one  thousand  eight  hundred  and  fifty-nine,  a  registration  of  <"■*'■«<'. 
the  qualified  electors  of  tlie  state.    TJie  aldermen  of  every  in-  Bo.ird  of 
corporatetl  city,  and  the  supen'isor,  treasurer,  and  clerk  of  '■^'^'™"""- 


26 


STATE    OF    MICHIGAN. 


Board  to  pro- 
vide books  or 
registers. 


every  township,  shall  coustitute  a  board  of  registration  for 
such  city  or  township,  and  their  duties  shall  be  as  follows: 
They  shall  respectively  provide  suitable  bound  books  or  reg- 
isters, one  for  each  township  and  one  for  each  ward,  so  made 
and  arranged  as  to  contain  an  alphabetical  list  of  the  re- 
spective names,  christian  or  baptismal,  and  surnames,  in  full, 
of  all  persons  declared  by  the  constitution  of  the  state  to  be 
electors  and  entitled  to  vote,  residing  in  their  townships  or 
wards,  and  the  date  of  the  registration ;  and,  if  the  elector  re- 
sides in  a  city  or  incoqjorated  village,  also  his  residence  by 
the  number  of  the  dwelling  and  the  name  of  the  street,  if  any, 
and  if  none,  a  description  of  the  locality  of  the  same. 

EEGISTR.\TION  NECESS.\RV :  This  act  Is  grounded  upon  the  same 
article  o£  the  constitution  which  gives  the  right  to  vote  and  Is  Imperative ; 
it  must  be  complied  with  before  the  elector  can  vote,  and  the  omission  of 
the  board  of  registration  to  meet  is  of  no  avail  to  the  elector  as  an  excuse 
for  not  registering. — People  v.  Kopplekom,  16  /  342.  See  Common  Council 
V.  Rush,  82  /  537  ;  Att'y  Gen.  v.   McQuade,  94  /  441. 

PURITY  OF  ELECTIONS  :  The  laws  to  regulate  elections  and  to  preserve 
their  purity,  and  to  guard  against  abuses  of  the  elective  franchise,  must  be 
reasonable,  uniform  and  impartial,  and  must  be  calculated  to  facilitate  and 
secure,  rather  than  to  subvert  and  impede,  the  exercise  of  the  right  to 
vote. — Att'y   Gen.    v.    Detroit,   78  /  553. 


Notice  of 
meeting  of 
board  of 
registration. 


Time  and 
place  of 
meeting. 


Handbills  to 
be  posted. 

What  notice 
to  contain. 


Board  may 
classify  to 
facilitate 
registration. 

Duty  of 
board  as  to 
vacancies. 


Length  of 
session. 
Expenses, 
how  paid. 


REGISTRATION    IN    CITIES. 

(S5)  §  3537.  Sec.  2.  Each  city  board  shall,  at  least  two 
weeks  previous  to  the  time  of  their  meeting  in  e.ach  ward, 
cause  to  be  imblished  in  one  or  more  newspapers  printed  and 
published  in  such  city,  a  notice  that  the  board  of  registration 
will  meet  on  the  first  Monday  of  October,  in  the  year  one 
thousand  eight  hundred  and  fifty-nine,  at  nine  o'clock  in  the 
forenoon,  to  make  a  perfect  list,  as  near  as  may  be,  of  all  per- 
sons residing  in  such  ward,  qualified  as  electors  under  the 
constitution ;  and  designating  the  place  in  each  ward  where 
.said  board  will  meet  for  that  purpose.  And  they  shall  also 
cause  handbills  to  be  posted  in  at  least  twenty  conspicuous 
places  in  each  ward,  containing  a  similar  notice  of  the  time 
and  place  of  such  meeting  of  the  board  for  that  ward ;  which 
notice  shall  also  contain  a  true  copy  of  section  one  of  article 
seven  of  the  constitution,  relative  to  the  qualifications  of 
electors.  And  the  board  may  so  divide  and  classify  them- 
selves that  two  or  more  of  them  may  be  assigned  to  different 
wards,  the  more  speedily  to  complete  the  registration;  and  in 
case  of  the  sickness  or  absence  of  any  alderman,  or  his  in- 
ability or  refusal  to  serve  at  the  session  in  any  ward,  the 
board  shall,  in  writing,  under  the  hand  of  their  chairman, 
immediately  appoint  the  assessor  of  the  ward,  or  any  justice 
of  the  peace,  to  act  in  Ids  stead,  who  shall  be,  for  the  pur- 
pose of  registration  in  that  ward,  deemed  a  member  of  the 
board  of  registration.  They  shall  continue  in  session  not  less 
Ihan  three  nor  more  than  five  days  in  each  ward.  All  neces- 
sary blanks  and  instructions  to  aid  the  board  in  the  discharge 
of  their  duties,  and  all  other  expenses  in  performing  the 
same,  including  the  employment  of  printers  for  printing  such 
notices,  and  the  registry  lists,  shall  be  provided  by  the  board 
and  be  paid  for  by  the  city. 


LAWS    RELATING    TO    ELECTIONS.  27 

(SO)     §  .'J53S.     Sec.  3.    At  the  time  and  place  mentioned  Duty  of 
in  sucli  notice,  the  board,  or  those  members  tliereof  so  classi-  reglsfra'uon. 
fied  and  assigned  for  that  ward,  shall  meet  and  proceed  to 
the  registration  in  snch  book,  wliicli  book  shall  be  called  the 
"Register  of  Electoi-s"  for  such  ward,  of  the  names  of  persons 
at  the  time  residing  in  such  ward,  and  so  qualified  as  fol- 
lows, to  ^^•it:   Their  sessions  shall  be  public,  and  during  the  Sessions  lo 
first  two  days  thereof  they  shall  not  write  in  the  register  the  ^^  p"'''"' 
name  of  any  person  without  a  request  made  by  him  personally 
and  in  their  presence;  but  shall  allow  him,  if  able  and  willing 
so  to  do,  to  write  his  own  name  therein  in  the  proper  place.  la  Registration, 
case  of  such  request,  the  name  of  the  elector  shall  be  plainly  '^"^  ^'^de- 
written  by  a  member  of  the  board,  who  shall  also  note  his 
residence  as  i-equired  by  section  one  of  this  act.     After  the 
first  two  days  of  the  session  it  shall  be  the  duty  of  such  board 
to  proceed  to  complete  the  list,  by  writing  in  such  register 
the  names  of  all  the  remaining  residents  of  the  ward,  known 
by  them  to  be  such  and  to  be  qualified  as  aforesaid,  with  the 
proper  descriptions  above  mentioned;  'but  they  shall,  during 
their  whole  session,  permit  any  such  qualified  person  resid- 
ing in  the  ward,  whose  name  has  not  already  been  entered 
in  the  register,  to  write  it  there  himself.     Opposite  to  every 
name  on  such  register  shall  be  noted  by  the  board  the  day 
and  year  of  its  entry,  and  during  such  session  and  all  future 
.sessions  of  the  board  in   any  city  or  township,  they   may, 
for  their  better  information  in  making  the  registration,  have 
before  them  the  poll  list  of  the  next  preceding  general  elec- 
tion, charter  election,  or  township  meeting,  to  be  returned  to 
the  proper  keeper  at  the  close  of  the  session,  and  all  such  e7i- 
tries  shall  be  made  with  ink.     The  board,  at  every  session.  Applicant  to 
shall  have  power,  and  it  shall  be  their  duty,  to  question  every  ™'''^''°"'  • 
person  presenting  himself  for  registration,  touching  his  resi- 
dence and  other  qualifications  as  an  elector  of  the  ward;  and 
it  shall  be  the  duty  of  the  applicant  to  make  truthful  answers 
to  all  such  questions,  and  Ihe  board  may,  for  the  more  per- 
fect  examination    of   the   applicant,   swear   and    employ   an 
interpreter,  truly  and  impartially  to  interpret  all  such  ques- 
tions and  answers,  and  if  tlie  applicant  shall,  in  his  answei*s, 
make  an,y  material  statement  which  is  false,  he  shall,  upon 
convictiou  thereof,  pay  a  fine  of  not  more  than  one  hundred  penalty  for 
nor  less  than  five  dollars,  and  be  imprisoned  in  the  county  ^aJ'em^nt'^'^ 
jail  not  more  than  thirty  nor  less  than  five  days. 

BOARD  OF  REGISTRATION:  Their  duty  as  to  the  mode  of  determin- 
ing the  qualification  o(  voters.  When  a  person  applies  to  the  board  of 
registration  for  the  purpose  of  having  his  name  registered  as  a  voter,  and 
offers  to  be  sworn  as  to  his  qualifications,  it  is  the  duty  of  the  board  to 
examine  such  person  upon  his  oath.  They  have  no  right  to  reject  him  on 
mere  inspection.  Where  the  return  made  by  respondents  denies  that  the 
relator. was  entitled  to  be  registered  as  a  voter,  an  issue  will  be  directed 
to  determine  the  tact. — People  v.  Board  of  Registration  of  Nankin,  15  /  157. 
Where  a  person  appears  before  tile  ward  board  of  registration  and  claims 
to  be  registered,  the  board  are  bound  to  examine  him  under  oath  and  hear 
testimony  offered  by  him.  They  have  no  right  to  pass  upon  the  question 
of  his  legal  right  by  mere  personal  inspection. — People  v.  Board  of  Regis- 
tration,   17/427. 


28 


STATE    OP    MICHIGAN. 


What  persons  (87)  §  3539.  Sec.  i.  The  name  of  no  person  but  an 
?egisuafion.  *°  actual  resident  of  tlie  wai'd  at  the  time  of  the  registration, 
and  entitled,  under  the  constitution,  if  remaining  such  resi- 
dent, to  vote  at  the  then  next  general  or  charter  election, 
shall  be  entered  in  the  register.  Neither  the  board,  nor  any 
member  thereof,  shall  write  or  enter  in  the  register  the  name 
of  any  person,  nor  suffer  him  to  write  or  enter  his  name  there- 
in, wiiom  they  know,  or  have  good  reason  to  believe,  not  to  be 
such  resident  and  so  qualified;  nor  shall  any  person  knowing 
or  having  good  reason  to  believe  himself  not  to  be  such  resi- 
dent and  so  qualified,  write  his  name  therein,  or  cause  it  to 
be  done;  and  evei'y  person  so  offending  shall,  upon  convic- 
tion, be  punished  for  each  offense  by  a  fine  of  not  more  than 
five  hundred  nor  less  than  twenty-five  dollars,  and  be  im- 
prisoned in  the  county  jail  not  more  than  ninety  nor  less 
than  ten  days. 

RESIDENCE :  The  general  ait  for  the  incorporation  of  cities  of  the 
fourth  class  provides  that  "the  residence  of  any  elector,  not  heing  a  house- 
holder, shall  be  deemed  to  be  in  the  ward  or  election  district  in  which  Is 
located  bis  regular  place  of  lodging."  See  section  528.  Charters  of  other 
cities  generally  contain  special  provisions  of  a  similar  nature.  See  resi- 
dence or  domicile  defined  in  Appeal  of  Rue  High,  2  Doug.  523.  The  inten- 
tion of  the  elector  is  one  of  the  most  important  inquiries  involved  in  the 
question  of  residence.  A  man  may  have  a  residence  in  one  place,  although 
his  family  may  be  living  elsewhere,  if  such  is  his  intention. — Harbaugh  v. 
C'icott,  33/252.  See  further,  as  lo  intention,  Warren  v.  Registration  Board, 
72  /  402  ;  Beecher  v.  Com.  Council,  114  /  228.  As  to  students,  persons  in 
the  public  service,  sailors  and  inmates  of  asylums,  etc.,  see  section  2,  See. 
as  to  where  the  elector  must  vote,  notes  to  section  1.  As  to  change  of 
elector's  residence  by  alteration  of  boundaries  of  representative  districts, 
see  notes  to  section  12. 


ilty 

fraudulent 

registration 


Registration 
in  citias. 


Proviso, 

city  of  Detroit. 


REGISTRATION    IN    CITIES    AFTER    1859. 

(88)  §  3540.  Sec.  5.  On  the  second  Saturday  next  pre- 
ceding the  general  election,  and  on  the  seventh  day  (Sunday 
excepted)  next  preceding  the  day  of  any  regular  charter 
election,  or  any  special  election,  and  on  such  other  days 
prior  to  such  date  as  shall  be  appointed  by  the  common 
council  of  the  city,  not  exceeding  tiiree  days  in  all  previous 
to  any  such  election,  the  boards  of  registration  of  the  city, 
to  be  constituted  as  aforesaid,  shall  be  in  session  at  such 
places  in  the  several  wards  as  they  shall  designate  in  their 
notices,  to  be  published  and  posted  up  as  hereinafter  pro- 
vided, from  eight  o'clock  in  the  forenoon  until  eight  o'clock  in 
the  afternoon,  for  the  purpose  of  completing  the  lists  of  the 
qualified  voters;  during  which  session  it  shall  be  the  right  of 
each  and  every  person  then  actually  residing  in  the  ward, 
and  who,  at  the  then  next  appi'oaching  election  may  be  a 
qualified  elector,  and  whose  name  is  not  already  registered, 
to  have  his  name  entered  in  the  register,  which  shall  be  done 
in  the  manner  above  described;  and  such  boards,  and  each 
member  thereof,  and  each  applicant  for  registration,  is  here- 
by vested  and  charged  with  the  same  rights,  powers,  duties 
and  penal  liabilities,  touching  the  examination  of  applicants, 
as  hereinbefore  provided :  Provided,  That  tlie  provisions  of 
this  amendment  shall  not  be  applied  to  electors  in  the  city  of 
Detroit. 


LAWS   RELATING    TO    ELECTIONS.  29 


Am.    190],   Act   32:    1011,    Act   97. 

As  to  Detroit,  see  sections  3573-8,  3580-81,  C.  Ty ,  1897. 

The  laws  to  ip^ul.itc  clecUons.  and  lo  preserve  Uiclr  purity,  .lud  to  gu.nnl 
.ngainst  abuses  of  the  elective  franchise,  must  be  reasonable,  uniform  ami 
impartial,  and  must  be  calculated  to  faeilitato  and  secure,  rather  than  (" 
subvert  and  impede,  the  exercise  of  (he  ri^ht  to  vote.  -Attorney  General 
V  Detroit,  78/540.  No  registry  law  is  valid  which  di|irivc.^  an  elector  ot 
his  constitutional  right  to  vote  hy  any  rcKUlalion  with  which  it  is  Impossible 
tor  him  to  comply. — Id.  Kequircments  which  compel  a  naturalized  elector 
lo  produce  his  certificate,  or  show  by  evidence  other  than  his  own  oath 
that  such  certiacate  was  issued,  make  an  unfair  and  unnecessary  distinction 
between   native  born   and  naturalized  electors. — Id. 

QUALIFIED  ELECTORS  :     See  section   1   and   notes  thereto. 

(89)  §3541.     Sec.  C.     At  least  two  weeks  previous  to  the  Notice  to 
commenceiueut  of  any  such  session,  the  board,  at  the  expense 

of  the  city,  shall  cause  a  notice  thereof  to  be  printed  and 
published  in  one  or  more  newspapers  in  such  city,  designat- 
ing the  place  of  holding  the  same,  and  shall  cause  the  same 
notice  to  be  printed  in  handbill  form,  and  posted  up  in  at 
least  ten  conspicuous  places  in  each  ward ;   which  handbill  ^Jj^^f^jJJJJifi^, 
shall  also  contain  a  tiiie  copy  of  the  list  of  names  then  ap  ''"' 
rearing  in  the  register  for  the  ward.    And  immediately  after  P^'y  of  ^ 
the  close  of  the  polls  of  such  election,  the  clerk  oi  the  board  of  election. 
of  inspectors  of  that  election,  and  before  the  counting  of  the 
votes,  shall,  under  the  direction  and  by  the  assistance  of  thi' 
inspectors,  insert  and   write  u]ion   or  attach  to  such  printed 
handbill,  all  the  names  of  electors  apiicaring  on  the  register 
and  not  on  such  handbill,  so  that  such  handbill  so  corrected 
shall  be  a  true  copy  of  the  list  then  ajipearing  in  such  reg- 
ister, and  shall,  with  the  insjiectors,  (\v  a  majority  of  them, 
certify  and  sign  such  copy,  and  tile  the  same  in  the  ofiSce  of 
the  county  clerk,  who  shall  carefully  keep  and  presen'e  the 
same,  and  the  same  shall  be  evidence,  prima  facie,  of  the  or 
iginal;  and  in  case  of  the  loss  or  destruction  of  the  original. 
Ilie  same,  or  a  certified  copy  thereof,  shall  be  used  in  its  stead. 

The  law  requires  the  registration  and  poll  lists  to  be  preserved  and  filed. 
They  are,  therefore,  public  records  and  admissible  as  evidence  of  the  facts 
therein   stated. — Att'y   Gen.   v.   May,   97  /  574. 

(90)  §  3542.     Sec.  7.     At  the  close  of  their  sessions,  the  List  of 
board,  or  the  members  who  made  the  registration  in  the  par-  wfere'^me'"' 
ticular  ward,  shall  sign  the  list,  adding  the  date  of  their  sig- 
nature, and  shall  immediately  de|»osit  the  same  for  safe  keep- 
ing with   the   city   clerk,   who   shall    carefully  i)reserve  the 

same  in  his  ofiice  until  delivered  as  hereinafter  provided. 

(91)  §  3543.     Sf.c.   S.     .Vt   an.\    such   general,   special   oi  List  to  he 
charter  election  in  the  city,  and  as  soon,  at  least,  as  the  poll  f,',spectors 
in  each  ward  is  opened,  the  city  clerk  shall  cause  the  proper  of  election. 
register  to  be  placed  in  the  hands  of  the  inspectors  of  elec 

tion,  to  be  used  by  them  during  the  .'^anie,  and  returned  to  the 

city  clerk  immediately  thereafter;  and  they  shall  not  receive 

the  vote  of  any  person  whose  name  is  not  written  therein. 

liut  if  any  person  shall  offer  and  claim  to  vote  at  such  elec-  Names  may 

tion,  whose  name  is  not  so  registered,  his  name  may  be  reg-  onufe^daj^'' 

istered  by  the  clerk  of  the  election,  under  the  direction  of  the  of  election. 

inspectors,  upon  the  same  terms  and  conditions  hereinafter 


30 


STATE    OF    MICHIGAN. 


prescribed  for  llie  like  cti.ses  iU'isiDg  at  elections  in  townships, 
substituting  ward  for  township;  and  liolh  the  applicant  and 
(he  qualiiied  elector  shall  be  subject  1o  Ihe  same  penallies 
jtrescribed  in  cases  so  arising. 

The  object  of  a  re;;islry  law.  or  of  any  law  to  preserve  tlio  purity  of  the 
Ijallot  bos.  and  to  ^uard  against  abuses  of  the  elective  franchise,  is  not  to 
prevent  any  qualified  elector  from  votincr.  or  unnecessarily  to  hinder  or  im- 
pair his  privilege. — Att'y  Gen.  v.  Detroit.  78  /  546.  A  registration  law  is 
unreasonable  which  contains  no  provision  by  which  an  elector  who  is  sick 
on  the  days  fixed  for  registration  can  vote  on  election  day. — Id.  No  elector 
can  lose  his  right  to  vote,  tlie  highest  exercise  of  the  freeman's  will,  except 
by  bis  own  fault  or  negligence. — Id,  In  order  to  prevent  fraud  at  the 
ballot  box,  it  is  proper  and  legal  that  all  needful  rules  and  regulations  be 
made  to  that  end :  but  it  is  not  necessary  that  such  rules  and  regulations 
shall  be  so  unreasonable  and  restrictive  as  to  exclude  a  large  number  of 
legal  voters  from  exercising  their  francliise.  The  power  of  the  legislature 
in  such  cases  is  limited  to  laws,  regulating  the  en.ioyment  of  the  right,  by 
facilitating  its  lawful  exercise,  and  by  preventing  its  abuse.  The  right  to 
vote  must  not  be  impaired  by  the  regulation.  It  must  be  regulation,  not 
destruction. — Id. 

REGISTRATION   IN  TOWNSHIPS. 

(92)  §  3544.  Sec.  9.  It  shall  be  the  duty  of  the  board 
of  registration  in  each  town.ship.  to  wit :  The  supervisor, 
treasurer  and  clerk  thereof,  and  in  case  of  the  absence  of  any 
of  them,  or  his  inability  to  serve,  the  justice  of  the  peace 
not  holding  the  ofifice  of  supervisor  or  town  clerk,  whose  term 
of  office  will  first  expire,  to  provide,  at  the  expense  of  the 
to^\Tiship,  the  like  book  for  their  township  for  the  purposes  of 
the  like  registration  of  the  qualified  electors  thereof,  to  be  ar- 
ranged in  the  same  manner,  save  that  in  cases  where  the 
elector  does  not  reside  within  the  limits  of  an  incorporated 
village,  a  description  of  his  residence  may  be  omitted;  but 
in  case  he  resides  within  such  limits  and  in  the  town- 
ship, a  description  of  his  residence  by  the  street,  and  the 
number  of  the  dwelling,  or  other  brief  but  intelligible  method ; 
and  the  names  of  such  resident  electors  of  the  village,  shall  be 
written  in  said  register  in  a  list  separate  and  distinct  from 
those  of  other  electors  of  the  township,  so  as  to  exhibit  a 
correct  registration  for  the  village;  which  list  shall  be  called 
the  village  election  register. 

QUALIFIED  ELECTORS :  See  section  1  and  notes  thereto.  When  a  per- 
son is  registered  in  a  ward  or  precinct,  he  Is  presumed  to  be  a  legal  voter 
there. — Harbaugh  v.  Cicott,   33  /  250. 


Registration 
in  townships: 
who  to  consti- 
tute board. 


Books  of 
registration, 
how 
arranged. 


REGISTR.4TI0N    IN    TOWNSHIPS    IN    1859. 

Proceedings  (93)     §  3545.     Sbc.   10.     At  the  annual  meeting  of  each 

eiecti^ona  i'lf      township,  on  the  first  Monday  of  April,  in  the  year  one  thou- 

1859.  sand   eight  hundred  and  fifty-nine,   the  town.ship   ti*easurer 

shall,  at  a  place  as  near  as  practicable  to  that  of  the  meeting, 

and  of  convenient  access  to  the  electors,  have  said  book  or 

register  in  readiness  for  the  entry  of  their  names,  and  each 

qualified  elector  residing  in  the  township  may  then  write  his 

name  at  length  in  the  proper  place  in  said  register,  if  able 

and  willing  to  do  so,  or  the  treasurer  shall,  upon   request 

made  in  his  presence  by  the  elector,  personally,  write  the 

Board  to  have  name  of  sucli  elector  in  its  proper  place.     And  in  all  cases 

township  poll    nnder  this  act  the  board,  or  the  members  thereof,  receiving 

'^'-  or  making  fhe  entry  of  a  name,  shall  note  or  cause  to  be 


LAWS   RELATING    TO   ELECTIONS.  31 


noted  the  day  and  jear  thereof.    During  such  township  meet- 
ing, and  during  all  futui-e  sessions  of  the  board,  the  town- 
ship polllist  of  the  next  preceding  general  election  or  town 
ship  meeting,  shall  be  before  him  or  them  for  their  better  in 
formation  in  making  tlie  registration,  to  be  returned  to  the 
clerk  at  the  close  of  the  meeting  or  the  session.     The  super-  supervisors 
visor  or  other  person  or  persons  charged  by  law  with  the  namra'whiie 
assessment  of  property  in  the  township  for  the  purpose  of  a^sesalnent. 
state  taxation,  shall,  while  making  such  assessment,  and  in 
connection  with  the  performance  of  that  duty,  in  the  year 
one  thousand  eight  hundred   and  fifty-nine,  have  with   him 
the  said  register,  and  shall  allow  each  qualified  elector  resid- 
ing in  the  township  whose  name  has  not  Ijeen  entered  therein, 
to  write  the  same,  or  shall  himself,  at  the  like  personal  re- 
que.st  of  the  elector,  write  the  same  therein  at  the  proper 
place,  and  shall,  after  completing  his  valuation  of  property, 
and  on  or  before  the  first  day  fixed  by  law  for  reviewing  his  P^'s'sterto 
assessment,   deposit   said   register  ^ath   the  township   clerk.  withTown- 
who  shall  carefully  keep  and  preserve  the  same  in  his  oflSce.  ^'"p  '='*^*- 

(94)  §  3546.  Sec.  11.  After  the  year  one  thousand  eight  Registration 
hundred  and  fifty-nine,  it  shall  be  the  right  of  any  such  how'^rnade'. 
qualified  elector  residing  in  the  township,  and  entitled  to 
vote  at  the  next  election  therein,  and  whose  name  has  not 
been  registered,  on  any  day  except  Sunday,  the  days  of  the 
session  of  the  board  of  registration,  and  the  days  inteiwening 
between  them  and  the  next  approaching  election,  to  apply  to 
the  supervisor,  township  treasurer,  or  township  clerk,  in  per- 
son, for  the  registration  of  his  name,  and  if,  npon  such  ex- 
amination, as  is  required  by  the  next  following  section  of  this 
act.  the  supervisor,  treasurer,  or  clerk  shall  be  satisfied  that 
such  applicant  is  a  resident  of  the  township,  and  otherwise 
qualified  and  entitled  to  vote  in  such  township  at  the  next 
election  to  be  held  therein,  the  name  of  such  applicant  shall 
be  written,  either  by  himself  or  by  the  supervisor,  treasurer, 
or  clerk,  upon  a  separate  paper  to  be  kept  by  the  supervisor, 
treasnrer,  or  clerk,  his  residence  described,  and  the  date  of 
the  entry  noted,  as  required  in  the  two  last  preceding  sec- 
tions, which  paper  shall  be  laid  before  the  board  of  registra- 
tion of  each  township,  at  its  next  meeting  for  examination 
and  review,  and  the  names  of  such  persons  appearing  there- 
on as  the  board  shall  be  of  opinion  are  qualified  electors  at 
the  tlien  next  election,  and  entitled  to  vote  thereat,  may,  by 
some  member  of  the  board,  and  under  their  direction,  be  en- 
tered in  a  proper  register,  in  the  manner  above  set  forth,  and  Penaitv  for 
every  applicant  to  the  snpeiwisor,  treasurer,  or  clerk,  so  relmratfo'ii. 
causing  his  name  to  be  entered  npon  such  separate  paper, 
knowing  or  having  good  reason  to  believe  himself  not  to  be 
such  resident  and  qualified  to  vote  in  such  township  at  the 
then  next  election,  shall,  upon  conviction  thereof,  be  punished 
by  fine  and  imprisonment,  as  pro\nded  in  the  thirteenth  sec- 
tion of  this  act. 


32 


STATE   OF   MICHIGAN. 


TowDsliips. 


Interpreter. 


False 

statement. 


REGISTRATION    IN    TOWNSHIPS    AFTER    1S59. 

(95)  §  3547.  Sec.  12.  Ou  the  second  Saturday  next  ]uv 
ceding  the  general  election  and  tlie  annnal  township  nieel 
ing,  and  preceding  any  special  election,  after  the  year  eighteen 
liundri^l  fifty-nine,  the  board  of  registration  of  each  townshi]i 
shall  be  in  session  at  the  office  of  the  townsliip  clerk,  from 
nine  o'clock  in  the  forenoon  until  five  o'clock  in  the  afternoon, 
for  the  7>urpose  of  completing  the  list  of  qualified  electors; 
during  wliicli  session  it  shall  be  the  right  of  each  and  every 
]terson  who,  at  the  next  approaching  election  or  township 
meeting,  may  be  a  qualified  elector  and  entitled  to  vote 
thereat,  and  whose  name  is  not  already  registered,  to  have 
his  name  duly  entered  on  such  register,  which  shall  be  done 
in  the  manner  above  set  forth.  The  board  shall  have  the 
power,  and  it  shall  l>e  its  duty,  and  the  duty  of  the  clerk,  and 
of  the  supervisors  individually  when  acting  under  this  statute, 
to  question  every  person  presenting  himself  for  registration, 
touching  his  residence  and  his  other  qualifications  as  an  elec- 
tor of  the  townsliip,  and  it  shall  be  the  duty  of  the  applicant 
to  make  truthful  answers  to  all  such  questions.  The  board, 
supervisor,  clerk  or  treasurer,  as  the  case  may  be,  may  for 
the  more  i)erfect  examination  of  the  ap])li'cant  swear  and 
employ  an  interpreter  truly  and  impartially  to  interiiret 
such  questions  and  answers.  If  any  such  applicant  shall  in 
his  answers  make  any  material  statement  which  is  false,  he 
shall  upon  conviction  thereof  pay  a  fine  of  not  more  than 
one  hundred  dollars  nor  less  than  five  dollars,  and  be  impris- 
oned in  the  county  jail  not  more  than  thirty  nor  less  than 
five  days. 

Am.    1911,    Act    97. 

See  People  v.  Bd.   of  Registration,   17  /  428 ;   People  v.   Bd.   of   Registration. 
15/156. 


Who  not 
entitled  to 
registration. 


Penalty  tor 

fraudulent 

registration. 


(96)  §  3.548.  Sec.  13.  The  name  of  no  person  but  an 
actual  resident  of  the  tow'n.ship  at  the  date  of  the  registra 
tion,  and  entitled,  under  the  constitution,  if  remaining  such 
resident,  to  vote  at  the  then  next  election  or  township  meet- 
ing, shall  be  entered  in  the  register.  Neitlier  the  board,  nor 
any  member  thereof,  shall  write  or  enter  therein  the  name  of 
any  person,  nor  suffer  him  to  write  or  enter  his  namie  tlierein, 
whom  they  know  or  have  good  reason  to  believe  not  to  be 
such  resident  and  so  qualified ;  nor  shall  any  pereon,  knowing 
or  having  good  reason  to  believe  himself  not  to  be  such  resi- 
dent and  so  qualified,  write  his  name  therein ;  and  every  per- 
son so  offending  shall,  upon  conviction,  pay  for  each  offense 
a  fine  of  not  more  than  five  hundred  nor  less  than  twenty- 
five  dollars,  and  be  imprisoned  in  the  county  jail  not  more 
than  three  months  nor  less  than  ten  days. 

QUALIFIED  ELECTORS:      See  section  1  and  notes  thereto. 
RESIDENCE  :     See  note  to  section  87. 


LAWS  RELATING  TO  ELECTIONS.  33 

(97)     §  3549.     Sec.    14.     At    such    election    or    township  when  town- 
meetina;,  and  as  soon,  at  least,  as  the  poll  is  opened,  the  town-  deine?'*'*  *° 
ship  clerk  shall  cause  the  register  to  be  placed  in  the  hands  f^l^^'^tora. 
of  the  inspectors  of  the  election,  to  be  used  by  them  during 
the  election,   and  to  be  returned   to  the  clerk   immediately 
thereafter;  and  they  shall  not  receive  the  vote  of  any  person 
whose  name  is  not  written  therein.    But  in  case  any  pei"son  Kameg  may 
shall  offer  and  claim  the  right  to  vote  whose  name  is  not  so  on  ellcuon 
registered,   his  name  may  then  be  registered   by  the  clerk,  <i^y. 
under  the  direction  of  the  inspectors,  upon  the  terms  and  con- 
ditions following:     One  of  the  inspectors  shall  administer  to 
him  an  oath  in  the  following  fomi,  viz.:     You  do  solemnly 
swear  that  you  will  tnie  answers  make  to  such  questions  as 
shall  be  asked  you  touching  your  qualifications  as  an  elector 
at  this  poll,  so  help  you  God;  or  an  affirmation  to  the  same 
effect,  which  oath  or  affinnation,  if  he  be  imable  to  under- 
stand the  English  language,  may  be  interpreted  to  him  by  an 
inspector,  or  interpreter  sworn  by  an  inspector,  which  inter- 
preter shall  also  interpret  his  answers  to  the  inspectors.     If,  Conditions  oi 
in  his  answers  on  oath,  he  shall  state  positively  that  he  has  fFo*  ™^""'''' 
resided  in  the  township  ten  days  next  preceding  said  election, 
designating,  particiilarly,  the  place  of  his  residence,  and  that 
he  possesses  the  other  qualifications  of  an  elector  under  the 
constitution,  stating  such  qualifications;  and  shall,  further- 
more, swear  that,  owing  to  the  sickness  or  bodily  infirmit}'  of 
himself,  or  of  some  near  relative  residing  in  the  same  house- 
hold  (giving  the  name  of  said  relative),  or  owing  to  his  ab- 
sence from  the  township  on  public  or  official  business,  or  his 
own  business,  and  without  intent  to  avoid  or  delay  his  regis- 
tration, during  the  then  last  session  of  the  board,  he  has  been 
prevented  from  causing  his  name  to  be  previously  registered; 
and  if,  furthermore,  some  qualified  elector  of  the  township, 
and  not  a  candidate  for  any  office  at  that  election,  shall  take 
an  oath  before  said  inspectors,  which  oath  any  one  of  them 
may  administer,  that  he  is  well  acquainted  with  such  appli- 
cant, that  he  has  in  fact  resided  in  the  township  ten  days  pre- 
vious to  such  election,  and  that  he,  the  freeholder  [qualified 
elector] ,  has  good  reason  to  believe,  and  does  believe,  that  all 
the  statements  of  such  applicant  are  true,  the  inspectors  may, 
in  their  discretion,  direct  the  clerk  to  register  his  name  in 
the  proper  place,  with  the  proper  date;   and  if  such  appli-  penalty. 
cant  or  such  qualified  elector  shall,  in  said  matter,  wilfully 
make  any  false  stalcment,  he  shall  be  deemed  guilty  of  per- 
jury, and,  on  conviction,  be  subject  to  the  pains  and  penalties 
thereof. 

TEN  PAYS  :      Now   twenty.      See  section   1. 

ItEGISTR.iTION  ON  ELECTION  DAY:  Where  a  person  applies  for  regis- 
tration on  election  day,  the  inspectors  act  upon  discretion  and  are  not  com- 
pelled to  admit  a  vote,  unless  satisfied  of  its  legality.  (Ter  Campbell,  J.) — • 
reople  V.  Cicolt,  lG/.^02.  If  an  elector  is  unaljle  to  attend  the  meetings 
of  the  board  for  certain  sppciTiod  reasons,  he  may  he  registered  on  election 
day  upon   taking  the  prescribed   oath. — .\tt'y  Gen.  v.   McQuade,   94  /  441. 


31 


STATE    OF    MICHIGAN. 


Vote  may  be 
challenged. 


Proviso. 


Penalty  for 
illegal  voting. 


.\ctual 
residence  a 
condition  of 
registration. 


Penalty. 


(98)  §  3550.  Sec.  15.  Any  person  offering  to  vote  at  auy 
such  election,  in  a  city,  township,  or  village,  who.se  name  is 
not  written  in  the  proper  register,  may  be  objected  to,  and 
his  vote  challenged  for  that  cause  by  any  elector  present  and 
entitled  to  vote  at  that  poll;  and  on  such  challenge  being- 
made,  the  inspectors  shall,  if  on  inspection  they  find  his  name 
not  so  written  in  the  proper  register,  refuse  the  vote.  But 
nothing  in  this  act  contained  shall  be  held  or  construed  in 
any  way  to  affect  or  impair  the  right  of  any  inspector  or  elec- 
tor to  challenge  any  person  offering  to  vote,  nor  the  effect  of 
such  challenge,  as  now  established  by  law,  or  as  such  right 
and  such  effect  may  hereafter  be  established:  Provided,  how- 
ever, That  the  vote  of  no  person  shall  be  received  whose  name 
is  not  so  registered. 

(99)  §  3551.  Sec.  10.  Any  person  knowing  that  his 
name  is  not  so  registered,  who  shall  vote  or  offer  to  vote  at 
any  such  election,  either  in  a  city  or  township,  and  every  in- 
spector knowing  such  name  not  to  be  so  registered,  wilfully 
and  corruptly  consenting  to  receive  such  vote,  shall,  if  the 
vote  be  received  by  reason  of  such  consent,  be,  for  every  such 
offense,  punished  as  above  provided  in  section  thirteen  of 
this  act;  and  on  the  trial  of  the  person  so  voting  or  offering 
to  vote,  the  presumption  shall  be  that  he  knew  his  name  was 
not  so  registered. 

(100)  §  3552.  Sec.  17.  The  name  of  no  person  shall  be 
registered  in  any  township  or  ward  where  he  does  not  actu- 
ally reside  at  the  time  of  the  registration ;  and  every  person 
who  shall  wilfully  register,  or  cause  or  procure,  by  entice- 
ments or  other  means,  the  name  of  any  person  to  be  regis- 
tered contrary  to  the  provisions  of  this  act,  shall,  upon  con- 
viction of  any  such  offense,  be  also  punished  as  above  pro- 
vided in  section  thirteen  of  this  act. 


DEATH    AND   REMOVAL    OP    ELECTORS. 

Board  to  (101)     §  3561.     Sec.  18.     At  every  session  of  the  board  of 

corS?i"su.  registration  of  any  township  or  ward,  after  the  year  one 
thousand  eight  hundred  and  fifty-nine,  it  shall  be  their  duty 
1o  review  the  list  of  names  in  their  register,  and  if  it  shall 
have  come  to  their  knowledge  that  any  person,  whose  name 
has  been  registered,  has  died,  or  has  removed  therefrom,  and 
ceased  to  reside  therein,  they  shall  place  the  letter  "D'' 
against  the  name  of  the  deceased  person,  and  the  letter  "R"' 
against  the  name  of  the  person  who  has  so  removed,  with  the 
date  of  the  entry,  and  the  initials  of  the  member  making  it, 
so  as  to  show  by  whom  and  when  made,  and  thereafter  such 
name  shall  be  considered  and  treated  as  no  longer  on  the  list, 
a™Jibse"uint  ^^^  sl'^H  be  Omitted  in  the  copies  al>ove  provided  for.  But 
if  it  shall  happen  that  such  entry  was  erroneously  made,  and 
such  pei-son  shall  thereafter  appear  at  any  election  and  claim 
the  right  to  vote  thereat,  his  name  may,  on  his  application,  be 
again  registered  upon  the  following  terms:  He  shall, 
upon  his  oath  or  affirmation,  which  any  member  of  the  board 


subseq 
registration 


Conditions 


LAWS    RELATING    TO    ELECTIONS.  35 

of  inspectors  or  the  board  of  registration  may  administer, 
declare  that  he  has  not  removed  from,  but  is  still  a  resident 
of  the  township  or  ward,  and  is  otherwise  a  qualitied  elector 
and  entitled  to  vote:  and  on  making  such  oath  or  affirmation,  ivnaity. 
his  name  may  be  registered  in  the  manner  above  describeil. 
either  by  the  board  of  registration  or  the  board  of  inspectors ; 
and  if  such  applicant  shall  swear  or  affirm  falsely,  he  shall 
be  subject  to  the  pains  and  penalties  of  perjury.  But  in  case  Penalty  for 
such  entry  shall  be  made  falsely,  maliciously,  and  without  ^''''*''^""^*' 
credible  information,  the  member  of  the  board  making  it 
shall  be  deemed  guilty  of  a  misdemeanor,  and  punished  as 
such,  and  the  party  aggrieved  shall  be  entitled  to  recover  of 
him  in  an  action  on  the  case,  treble  damages  for  the  injury, 
and  treble  costs  of  suit  in  any  court  having  jurisdiction  of 
the  cause,  and  the  record  of  the  defendant's  conviction  of  the 
criminal  offense,  duly  authenticated,  shall  be  prima  facie  evi- 
dence of  his  liabilitv. 

(102)  §  35fi2.     Sec.  19.     It  shall  be  the  duty  of  any  city  Copy  of 
or  township  clerk,  except  during  the  session  of  the  board,  or  j^.'ifhedVv"^' 
on  days  of  election,  on  the  demand  of  any  qnaliiied  elector  ^o^nsiup 
of  the  ward  in  such  city,  or  of  such  township,  on  payment  or 
tender  of  his  legal  fees,  to  make  out,  certify,  and  at  his  office 
deliver  to  such  elector  a  true  copy  of  the  contents  of  the 
register  of  election  of  such  ward  or  township,  for  which  he 

shall  be  entitled  to  receive  at  the  rate  of  fifty  cents  for  every 
one  hundred  names. 

(103)  §3563.     Sec.  20.     Whoever  shall  wilfully  cut,  bum.  Destroyer, 
mutilate,  or  destroy  any  such  register  of  electors,  or  copy  ?e?.'g°ui»:rt;of 
thereof  filed  for  preservation,  or  shall  unlawfully  take  and  larwny- ' ' 
carry  away   the   same,   or   unlawfully   conceal   or  refuse  or 
neglect  to  surrender  the  same,  with  intent  to  prevent  its  be- 
ing used  as  authorized  by  law,  shall  be  deemed  guilty  of  lar- 
ceny; and  whoever  shall  falsify  any  such  register  or  copy  bv  Falsifier,  etc., 
unlawfully  erasing  or  obliterating  any  name  or  entry  law-  Suiuf'of*"^' 
fully  made  therein,  or  by  unlawfully  inserting  therein   any  forgery 
name,  note,  or  memorandum,  with  intent  thereby  to  influence 

or  affect  the  result  of  any  election,  or  to  defraud  any  person 
of  an  election  to  office,  shall  be  deemed  guilty  of  forgery;  and  Penalty. 
the  person  so  offending  shall,  for  every  .such  offense,  be  pun- 
ished by  imprisonment  in  the  state  prison  not  more  than  five 
years,  or  by  fine  not  exceeding  five  hundred  dollars  and  im- 
jirisonment  in  the  county  jail  not  more  than  one  year  nor  less 
than  ninety  days. 

(10-1)     §  35G4.     Sec.  21.     To  the  end  that  the  contents  of  With  whom 
such  registers  may  not  be  lost,  it  shall  be  the  duty  of  every  deTkfo'fiie 
township  clerk,  wilhin  twenty  days  after  each  general  elec- ?°p'^^  "' '■'^'- 
tion,  to  make,  certify,  and  transmit  to  the  county  clerk  of  the  '"^' 
I)roper  county,   and   also  to  the  township  treasurer,  a  true 
copy  of  such  contents,  to  be  by  such  county  clerk  and  town- 
ship treasurer  filed  and  pre.son-ed  in  his  office;  for  which, 
when  received,  he  shall  give  such  towmship  clerk  a  receipt; 
and  such  township  clerk  shall  be  entitled  to  receive  therefor.  Fee."!. 


36 


STATE    OF    MICHIGAN. 


Certified 
copy  to  be 
evidence. 


Duty  of 
inspectors. 


Duty  of  town 
ship  clerk. 


Inspectors  of 
election  and 
applicants  for 
registration. 


When  copies 
must  be  fur- 
nished. 


Duty,  etc.,  of 
president  and 
trustees. 


from  tlie  township,  at  the  rate  of  fifty  cents  for  every  one 
m,  red  names.  And  such  copy,  or  a  copy  thereof  certified 
b  t  e  CO  mty  clerk  or  township  treasurer  shall  be  prima 
facie  evidence  of  the  contents  of  the  original,  and  m  case  of 
the  loslor  destruction  of  the  original,  shall  be  used  in  its 
stead. 

VILLAGE    ELECTIONS. 

(^0^)     S  3565.    Sec.  22.  Whenever  any  village  shall  be  set 
off    organized,  or  incorporated,  by  act  of  the  legislature,  or 
bv  the  board  of  supervisors  of  any  county    pursuant  to  the 
rawfof  this  state,  it  shall  be  the  duty  of  the  persons  named 
or  appointed  to  act  as  inspectors  of  the  first  election  to  be 
heldTsuch  village,  to  procure  from  the  clerk  of  the  town- 
ship or  of  the  townships  respectively,  within  which  such  vil- 
iJe  mav  wholly  or  in  part  lie;  and  it  is  hereby  made  the  duty 
of  the  township  clerk  to  furnish  to  them,  at  the  expense  of 
such  vi  lage,  from  the  register  of  the  electors  of  the  township 
or  townships  within  which  such  village  is  situated  a  tinie  copy 
of  tSe  nam^es  of  all  the  electors  residing  within  the  limits  of 
such  village,  contained  upon  the  registration  books  of  such 
Swnship  or  townships,  for  a  village  election  register  for  such 
first  election,  such  copy  or  list  to  be  certified  to  by  the  clerk 
of  the  township,  and  to  be  delivered  to  the  said  inspectors 
of  election  appointed  for  such  village,  to  be  used  for  the  pur- 
nose  of  such  first  village  election,  in  the  same  manner  and  to 
E  same  effect  as  is  above  provided  for  the  general  election 
and  township  meetings  in  townships,  as  near  as  may  be;  and 
Jhere  are  hereby  given  to  the  inspectors  of  any  such  village 
election  the  same^'power  and  authority,  and  to  applicants  for 
registration  the  same  rights  and  P^'il^ges    which  are  gwen 
to  township  inspectors,  and  to  applicants  at  township  elec 
tions  respectively,  at  such  elections;  and  such  inspectors  and 
applicaX  and  other  persons  mentioned  in  the  foregoing  pro^ 
Sions  regulating  elections  in  townships,  ^re  charged  wih  the 
same  duties,  and  subject  to  the  same  penalties  and  liabilities 
arare  prov  ded  in  like  cases  at  such  elections  in  townships; 
and  the  vote  of  no  person  shall  be  received  at  such  election 
whosename  is  not  written  in  such  register,  or  in  the  copy 
thereof  used  by  the  inspectors  of  such  first  election.  Such  copy 
o    the  township  election  register  for  the  use  of  s"ch^  village 
.lection,  shall  be  furnished  at  least  ten  days  previous  to  the 
time  fixed  for  holding  such  first  village  election,  on  the  applv 
nation  of  the  persons  named  as  such  inspectors,  or  either  ot 
them;  and  if  no  persons  are  named  as  such  inspectors,  upon 
Ihe  written  request  of  any  three  qualified  electors  m  said  vil- 
hwe   to  be  delivered  to  the  proper  inspectors  when  appointed 
and  chosen,  and  to  be  used  as  above  specified  and  provided. 
It  shall  be  the  duty  of  the  president  and  trustees  of  every  yil- 
la<Te   after  the  same  shall  be  fully  organized,  to  conduct  the 
legistration  of  electors  in  such  village  for  village  elections, 
and  for  such  purpose  shall  give  at  least  ten  days'  notice,  by 


LAWS  RELATING  TO  ELECTIONS.  37 

publication  in  a  public  newspaper,  or  by  posting  notices  in 
not  less  than  six  public  places  in  said  village,  of  the  annual 
meeting  of  the  village  board  of  registration  for  such  village; 
and  on  the  Saturday  next  preceding  the  time  specified  for 
holding  the  annual  village  election,  the  i)resident  and  trus- 
tees, or  three  of  their  number,  shall  meet  as  a  board  of  regis- 
tration for  such  village;  and  all  the  proceedings  of  such 
boai'd  shall  be  conducted,  and  the  board  shall  possess  and 
exercise  the  same  duties  and  powers,  and  be  subject  to  the 
same  liabilities,  and  the  electors  shall  be  entitled  to  all  the 
rights  and  privileges,  in  making  such  registration,  as  pro- 
vided herein  for  registration  in  to^\Tiships,  as  nearly  as  the 
same  can  be  made  applicable  to  such  registration  and  elec- 
tion. 

For   provisions   relative    to    registration     In    villages,   see   sections   575-77   of 
this  compilation. 

(106)  §  3560.     Sec.  23.     If  any  person,  falsely  personat-  ^'oting  under 
ing  any  qualified  elector,  whose  name  is  registered,  shall,  at  iSam?**'' 
any  election,  vote  or  offer  to  vote  in  the  name  of  such  elector, 

or  if  any  person  shall  knowingly  encourage  or  persuade  any 
such  person  to  vote  or  offer  to  vote,  or  if  any  person,  assum- 
ing a  false  or  fictitious  name,  shall  vote  or  offer  to  vote  by 
that  name,  or  shall  enter  or  cause  to  be  entered  upon  the 
register  as  his  own  a  false  name,  the  person  so  offending  Penalty. 
shall,  for  every  such  offense,  be  punished  as  above  provided 
in  section  twelve  of  this  act. 

(107)  §  3567.     Sec.  24.    The  recorder's  court  in  the  city  what  courts 
of  Detroit  shall  have  cognizance  and  jurisdiction  of  all  of-  dict'ion';  itc,''' 
fenses  under  this  act,   committed  within  the  limits  of  said 

city,  and  the  offender  may  in  all  cases  be  there  proceeded 
against  by  information,  as  provided  by  the  charter  of  said 
city  or  any  other  statute  applicable  thereto.  In  all  other 
cases  the  circuit  or  district  court  for  the  proper  county  shall 
have  cognizance  of  such  offenses  committed  within  the  county; 
and  in  cases  whei'e  the  punislmient  is  by  such  fine  or  such 
imprisonment,  one  or  both,  as  the  justice's  court  may  im- 
pose, the  proper  justice's  court  shall  have  cognizance  and 
jurisdiction  thereof. 

(lOS)      §  3568.     Sec.  25.     Any  wilful  violation  of  duty  by  violation  of 
any  person  charged  with  the  execution  of  this  act  or  any' pro-  llemeanor."" 
vision  thereof  not  herein  particularly  provided  for,  shall  be 
deemed  a  misdemeanor,  and  the  person  guilty  thereof  shall 
be  punished  accordingly.    And  it  is  hereby  made  the  duty  of  pmies  of  cir- 
every  circuit  and  district  court,  in  its  charge  to  the  grand  tfk't  courtr 
jury,  to  call  their  special  attention  to  the  necessity  of  making  i'j'n'iattomev 
diligent  and  careful  inquiry  touching  offenses  arising  under 
this  act;   and  also  the  duty  of  every  prosecuting  attorney, 
whenever  he  shall  receive  credible  information  that  any  such 
offen.se  has  been  committed,  to  cause  the  same  to  be  prose- 
cuted. 


STATE    OF    MICHIGAN. 


City  and 
township 
clerlts  to 
report  to 
secretary 
of  state. 


Duty  of  secre- 
tary of  state. 


Compensa- 
tion. 


Oath. 


(109)  §  3509.  Sec.  20.  It  shall  be  the  duty  of  every  city 
clerk  and  township  clerk,  annually,  in  the  month  of  Novem- 
ber, to  forward  by  mail  to  the  secretary  of  state  of  this  state, 
at  the  seat  of  government,  the  aggregate  number  of  names 
not  marked  with  the  letter  "D."  or  "R.,"  appearing  in  the  reg- 

.  ister  for  such  city  or  township,  omitting  the  names.  And  the 
secretary  of  state  is  hereby  required  to  keep  a  record  thereof 
in  such  manner  as  to  show  the  number  of  votes  in  such  city 
and  towaiship.  arranged  in  alphabetical  order,  in  a  book  to 
be  kept  for  that  purpose.  And  he  shall,  within  twenty  days 
from  the  approval  of  this  act  by  the  governor,  cause  a  printed 
copy  of  the  same  to  be  forwarded  by  mail  to  every  such  city 
and  township  clerk  in  the  state. 

(110)  §  3.570.  Sec.  27.  Each  member  of  a  city  board  of 
registration,  while  acting  under  this  act,  shall  be  entitled  to 
receive  two  dollars  a  day  for  every  day  he  shall  actually 
serve  in  perfonuing  his  duties,  to  be  paid  by  the  city.  And 
each  member  of  a  township  board  shall  receive  the  same  com- 
pensation as  now  provided  for  inspectors  of  elections. 

(111)  §  3571.  Sec.  28.  Each  member  of  a  board  of  reg- 
istration shall,  before  he  enters  upon  the  discharge  of  his 
duties  under  this  act,  make  and  subscribe  the  oath  of  office 
contained  in  the  first  section  of  article  eight  of  the  constitu- 
tion. 

FORM  OP  OATH  :     Evidently  means  form  specified  in  Art.   XVI,  section  2 
of  constitution,   see  section   73   of  this   compilation. 


Registers, 
form  of. 


(112)  §  3572.  Sec.  29.  Every  register  shall  be  of  good 
paper,  well  bound,  and  arranged  alphabetically  in  the  follow- 
iug  form,  as  near  as  practicable: 


RESIDENCE. 


Time  for  meet- 
ing of  board  in 
Wayne  C'o.. 
outside  De- 
troit, and 
duration  of 
.session . 


REGISTRATION    IN    WATNE    COUNTY. 

(113)  §  3579.  Sec.  30.  The  boards  of  registration  in 
each  township,  village,  or  city,  respectively,  in  the  county  of 
Wayne,  outside  of  the  city  of  Detroit,  shall  cause  a  session 
of  the  said  respective  boards  to  be  held  on  the  first  Monday 
in  October,  in  the  year  eighteen  hundred  and  seventy-two, 
and  on  the  first  Monday  in  October  in  every  fourth  year 
thereafter,  for  the  pui^wse  of  making  a  re-registration  of  the 
qualified  electors  of  each  town,  village,  city,  ward,  or  election 
district  therein.  The  said  several  respective  boards  shall  be 
in  session  on  the  first  Monday  in  October,  aforesaid,  and  for 
not  less  than  three  nor  more  than  six  days  thereafter,  from 
nine  o'clock  in  the  morning  to  one  o'clock  in  the  afteraoon, 
and  from  two  o'clock  to  five  o'clock  in  the  afternoon,  and 
shall  be  provided  with  the  proper  blank  books  for  registering 
the  names  of  voters,  of  the  fonn  heretofore  used,  and  shall 
have  the  same  powers,  and  perform  the  same  duties  as  are 
conferred  upon  or  required  of  boards  of  registration  nnder 


LAWS   RELATING   TO   ELECTIONS.  39 

the  act  aforesaid  and  the  acts  amendatory  thereto,  and  the 
same  rules  and  requirements  sliall  be  observed  in  such  re- 
registration,  in  all  respects,  as  were  required  in  the  original 
registration  under  said  act.    When  such  registration  shall  be  '^'ii«''>  fomier 
completed,  the  former  registry  of  electors  in  such  townships,  deemed 
cities,    villages,    or  election    districts    shall    henceforth    be  "i^'^'''^- 
deemed  invalid,  and  shall  not  be  used  at  the  ensuing  elections, 
and  no  person  shall  vote  at  any  public  election  in  said  towns, 
cities,  or  villages,  after  such  re-registration,  whose  name  shall 
not  be  registered  anew  under  the  provisions  of  this  section, 
or  be  afterwards  properly  entered  on  such  new  registry  ac- 
cording to  the  provisions  of  said  act.    The  provisions  concern- 
ing a  re-registration  in  the  city  of  Detroit  shall  apply  to  the 
aforesaid  cities  as  far  as  the  same  may  be  adapted  thereto. 

Registration  in   Detroit   city,  see  sections  3573-8,  3580-81,  C.  L.,  1897. 


REGISTRATION  IN  NEW  TOWNSHIPS. 

An  Act  to  provide  for  the  registration  of  electors  in  new  townships. 

[.\ct    4,    S.    L.,    1869.] 

The  People  of  the  State  of  Michigan  enact: 

(114)  §  3553.  Section  1.  That  the  persons  named  in  the  inspectors  to 
act  erecting  any  new  township,  as  inspectors  of  election,  {ioardof'r^eg- 
whether  passed  by  the  legislature  of  this  state,  or  the  board  'strat'on- 

of  supen-isors  of  the  proper  county,  shall  constitute  a  board 
of  registration  for  snch  new  towTiship,  until  such  officers  are 
elected  and  qualified  as  provided  by  law. 

(115)  §  3554.    Sec.  2.    Such  inspectors  shall  meet  in  the  Meeting  of 
capacity  of  such  board  of  registration,  on  the  Saturday  next 
]ireceding  the  first  township  meeting  in  such  new  to^^^lship, 

at  the  place  mentioned  in  the  act  providing  for  the  organiza- 
tion thereof,  for  holding  such  first   township  meeting,  and  Actofissoto 
shall   be  governed,  in   all   respects,  by  the  provisions   of  act  *»'°^'*'"*  action. 
number  177,  of  session  laws  of  1859,  which  pertain  to  regis- 
tration of  electors  in  townships,  as  far  as  the  same  are  appli- 
cable, except  as  is  hereinafter  provided. 

The  .tct  referred  to  above  precedes  tiiis  act,  see  especially  sections  92-100. 

(116)  §  3553.     Sec.  3.     The  name  of  any  person  may  be  who  may 
registered  at  such  fii-st  township  meeting,  who  shall  make  due  "^"^sister. 
proof,  by  his  own  oath,  before  the  board  of  inspectors  of  such 
meeting,  that  he  is  possessed  of  the  qualifications  of  an  elec- 
tor in   such   new   township,  uiulcr  existing  laws,  other  than 

That  requiring  registration. 

(117)  §  3556.     Sec.   4.     The  members  of  such   board  of  Kieciionof 
registration  hereby  created,  shall  elect  one  of  their  number  de^r'™"" ""'' 


40 


STATE    OF    MICHIGAN. 


Powers  and 
duties  of. 


Vacancies  on 
board,  liow 
filled. 


Notice  of 
meeting. 
how  given. 


chairman,  and  another  clerk  of  said  board,  who  shall  re- 
spectively possess  the  same  powers  and  perform  the  same 
duties  which  belong  to  and  devolve  upon  the  supervisor  and 
township  clerk,  while  acting  on  a  board  of  registration  in  an 
organized  township,  as  now  provided  by  Mw. 

(118)  §  3557.  Sec.  5.  In  case  one  or  more  of  the  per- 
sons appointed  as  such  inspectors  of  election  hereinbefore 
mentioned  shall,  from  any  cause,  fail  to  appear  at  the  place 
specified  for  the  Iiolding  of  such  first  township  meeting,  to 
form  a  board  of  registration,  as  herein  provided,  such  va- 
cancy or  vacancies  on  said  boai*d  shall  be  filled  from  among 
the  electors,  by  a  majority  vote  of  the  electors  present  at  the 
hour  appointed  for  opening  the  session  of  said  board. 

(119)  §3558.  Sec.  6.  It  .shall  be  the  duty  of  such  board 
of  inspectors,  or  the  surviving  member  or  members  thereof, 
in  case  of  the  decease  or  removal  of  one  or  more  of  the  same, 
to  give  public  notice  of  such  meeting,  for  the  purpose  afore- 
said, by  causing  a  written  or  printed  notice,  which  shall  state 
the  object  of  such  meeting,  the  time  when,  and  the  place  where 
the  same  is  to  be  held,  to  be  posted  in  five  of  the  most 
public  places  in  such  new  township  at  least  fifteen  days  pre- 
vious to  the  time  of  holding  said  meeting. 


BOARDS    OF    REGISTRATION    NOT  TO    MEET    NEAR    CERTAIN 

PLACES. 

An  Act  to  prohibit  boards  of  registration  from  holding  sessions  in  or 
near  places  where  intoxicating  liquors  are  sold  or  kept  for  sale,  and 
to  prescribe  penalties  for  the  violation  of  the  provisions  of  this  act. 

[Act   23,    p.    A.    1889.] 


The  People  of  the  State  of  Michigan  enact: 

Board  of  regis-  (120)  §  3559.  SECTION  1.  That  it  Shall  be  unlawful  for 
not'tifraee^*"^*  ^^^  board  of  registration  of  any  township,  village  or  city  in 
this  state,  or  of  any  election  district  or  voting  precinct  there- 
in, to  meet  or  hold  any  session  for  the  purpose  of  registering 
the  electore  thereof,  in  any  room  or  building  where  intoxi- 
cating liquors  are  sold  or  kept  for  sale,  or  any  room  adjacent 
to  a  room  where  such  liquors  are  sold  or  kept  for  sale,  or 
connected  by  hall  or  doorAvay  with  such  room  or  .saloon  where 
intoxicating  liquors  are  sold  or  kept  for  sale. 

(121)  §  3560.  Sec.  2.  Any  person  or  persons  violating 
any  of  the  provisions  of  this  act  shall  be  deemed  guilty  of  a 
misdemeanor,  and  upon  conviction  thereof  be  punished  by  a 
fine  not  less  than  fifty  nor  more  than  two  hundred  dollars 
and  the  costs  of  his  prosecution  or  by  imprisonment  in  the 
county  jail  not  less  than  thii-ty  days  nor  more  than  six 
months,  or  both  such  fine  and  imprisonment  in  the  discretion 
of  the  court. 


Violation  a 
misdemeanor. 


Punishment. 


LAWS    RELATING    TO    ELECTIONS.  41 

CHAPTER  III.— GENERAL  AND  SPECIAL  ELECTIONS. 

An  Act  to  provide  for  holding  general  and  special  elections. 

[Act    175,    S.    L.    1851.] 

The  People  of  the  State  of  Michigan  enact: 

(122)  §  3595.    Section  1.    A  general  election  shall  be  held  General  eiec- 

.        ,  ,  ,  .  tion,  when 

in  the  several  to^Tiships  and  wards  of  this  state,  on  the  Tues-  held. 
day  succeeding  the  first  Monday  of  November,  in  the  year 
eighteen   hundred  fifty-two,  and  on  the  Tuesday  succeeding 
the  first  Monday  of  November,  every  second  year  thereafter, 
at   which  there   shall  be  elected  so  many  of  the  following 
officers  as  are  to  be  chosen  in  such  years  respectively,  that 
is   to   say:      A  governor,   lieutenant    governor,   secretary   of  ofncera 
state,  state  treasurer,  auditor  general,  attorney  general,  com-  elected. 
missioner  of  the  state  land  office,  electors  of  president  and 
vice  president  of  the  United  States,  representatives  in  con- 
gress,  tlip  senators  and  representatives  in  the  state  legisla- 
ture, and  the  following  county  officers,  viz. :    Judges  of  pro- 
bate, sheriffs,  clerks,  treasurers,  registers  of  deeds,  prosecuting 
attorneys,  and  such  other  officers  as  may  by  law  be  required 
to  be  elected  at  such  general  election. 

Am.    1S1,3,    Act    56. 

TOWNSHIPS  :  The  townships  in  which  elections  are  held  must  be  organ- 
ized townships. — People  v.  Maynard.  15  /  468.  Nor  can  the  election  for  a 
township  be  held  within  the  corporate  limits  of  a  city  located  within  sucli 
township. — People   v.   Knight,    13/424. 

GENERAL  ELECTION  :  The  term  "general  election"  means  the  biennial 
November  election. — People  \.  Palmer,  91  /  286 ;  Westingbausen  v.  People, 
44  /  268  ;  People  v.  Lord.  9  /  227.  So  far  as  the  election  of  judge  of  pro- 
bate is  concerned  an  election  at  arty  other  time  must  be  regarded  as  a  special 
election. — People    v.    Palmer,    91  /  28G. 

CONDUCT  OF  ELECTIONS :  Statutory  provisions  prescribing  the  con- 
duct of  elections  are  to  be  regarded  as  directory  only,  except  where  they 
are  of  such  a  character  that  a  failure  to  comply  with  them  would  have 
the  effect  to  prevent  or  obstruct  the  complete  expression  of  the  popular 
will  or  the  production  of  satisfactory  evidence  thereof. — People  v.  Cicott, 
16/323  (Cooley,  J.).  See  People  v.  Sackett.  14/320;  Lindstrom  v.  Can- 
vassers, 94  /  469.  As  to  statutory  provisions  requiring  notices  of  elec- 
tions, see  People  v.  Withercll,  14/48;  People  v.  Hartwell,  12/508;  Secord 
v.  Foutch,  44  /  92.  Irregularities  on  the  part  of  election  officers  do  not 
necessarily  defeat  the  election,  hut  may  require  it  to  be  sul)Jected  to  rigid 
scrutiny. — People  v.  Sackett,  14/320.  An  election  is  not  to  be  set  aside 
because  of  an  irregularity,  unless  it  appears  that  that  irregularity  affected 
the  result. — People  v.  Cicott,  16/324  (Cooley,  J.i.  Even  where  the  statu- 
tory provisions  disregarded  are  mandatory,  the  irregularity  does  not  neces- 
sarily defeat  the  election,  if  the  means  exist  of  determining  the  result. — 
Id.  ;  People  v.  Van  Clove,  1  /  362  ;  People  v.  Uiggins,  3  /  233  :  People  v. 
Bates,  11/362;  Keeler  v.  Robertson,  27/116.  Illegal  votes  will  not  be 
allowed  to  affect  the  result,  except  where  it  can  be  shown  for  whom  they 
voted. — People  v.  Cicott,  16  /  283.  As  to  irregular  adjournment  of  the  elec- 
tion from  one  place  to  another,  see  Farrington  v.  Turner,  53/27.  As  to 
certain    other   irregularities,    see   People   v.   Avery,    102  /  572. 

(123)  §  3596.     Sec.  2.     Special  elections  may  be  held  in  in  what  cases 
the  following  cases,  and  for  the  election  of  the  following  oiS-  tufns'held.'^" 
cers,  viz. : 

1.  When  a  vacancy  shall  occur  in  the  office  of  senator  or 
representative  in  the  state  legislature,  representative  in  con- 
gress, judge  of  the  circuit  or  district  court,  regent  of  the  uni- 
versity, or  member  of  the  state  boai-d  of  education; 


42 


STATE    OF    MICHIGAN. 


2.  When  there  has  been  no  choice  at  a  general  election  of 
representative  in  congress; 

3.  When  the  right  of  office  of  a  person  elected  to  any  of 
the  aforesaid  district  or  county  oflSces  shall  cease  before  the 
commencement  of  the  term  of  service  for  which  he  shall  have 
been  elected; 

4.  When  a  vacancy  shall  occur  in  either  of  the  said  county 
offices  after  the  commencement  of  the  term  of  service,  and 
more  than  six  months  before  the  next  general  election; 

5.  WTien,  in  any  other  case  of  a  vacancy  not  particularly 
provided  for  in  this  section,  the  governor  shall,  in  his  discre- 
tion, so  direct. 

Oren  v.  Spcretary  ot  State,  171  /  590 ;  Election  Com'rs  v.  Wayne  Circuit 
Judues,    172/430. 

SUBDIVISION  3 :  The  deatli  of  an  officer  elect  before  qualification  and 
before  tlie  expiration  of  the  term  of  the  incumbent,  creates  no  vacancy  to 
be  flllod  Ijy  appointment,  but  the  full  term  must  be  filled  by  special  election 
under  this  subdivision. — Lawrence  v.  Hanley,  84  /  399  :  People  v.  Lord.  9  / 
227. 

""subdivision  4  :  People  v.  Palmer,  91  /  286.  Filling  vacancies  In  office 
of  county  clerk. — Section  488.  Register  of  deeds. — Sections  444,  488. 
Countv  treasurer. — Section  436.  Sheriff,  coroner  and  county  surveyor. — Sec- 
tion 488. 

When  vacau-        (124)     §  3597.     Sec.  3.     A  vacaucy  in  either  of  the  offices 
mied'^aT^en-     iiaiued  in  the  first  section  of  this  act,  which  shall  not  have 
era!  elections,    ^jgg^  supplied  before  a  general  election,  may  be  supplied  at 
such  election. 

Election   Com'rs  v.    Wayne   Circuit  Judges,    172  /430. 

This  section  is  merely   permissive. — Secord  v.   Foutch,   44  /  92. 

See  annotations  under  section   131    intra. 


When  special 
election.?  not 
to  be  held. 


When  to  be 
ordered  by 
board  of 
supervisors. 


(125)  §  359S.  Bec.  4.  No  special  election  shall  be  held 
within  three  months  next  preceding  a  general  election,  ex- 
cept iu  cases  where  the  governoi*  shall  order  a  special  elec- 
tion. 

(12C)  §3.509.  Sec.  5.  Special  elections  for  the  choice  of 
the  county  ofiflcers  named  in  section  one  of  this  act  shall, 
except  in  cases  in  which  a  special  election  is  to  be  ordered, 
by  the  governor,  be  ordered  by  the  board  of  supervisors, 

Lawrence   v.    Hanley,    84  /  404  ;    People   v.    Palmer,    91  /  287. 


Tobeheidone  (127)  §3G00.  Sec.  G.  Special  elections  shall  be  held  and 
PQjj^jjjyp^  Qjjg  (|j,y  only,  and  shall  be  conducted,  and  the  re- 
sult thereof  canvassed  and  certified  in  all  respects,  as  near 
as  may  be,  in  like  manner  as  general  elections,  except  as 
otherwise  directed. 

(128)  §  3601.  Sec.  7.  In  elections  for  the  choice  of  all 
officers  named  in  the  first  section  of  this  act,  the  persons  hav- 
ing the  greatest  number  of  votes  shall  be  deemed  to  have  been 
duly  elected. 

PLURALITY  ELECTS :  In  general  elections  in  this  state  we  have 
adopted,  and  constantly  act  upon,  the  principle  that  plurality  elects,  and 
whenever,  as.  in  some  cases,  in  the  board  of  supervisors  and  some  municipal 
charters,  a  majority  of  the  body  voting  is  required,  it  is  especially  stated  in 
the  law. — Conrad  v.   Stone,  78  /  639. 


day  only 


Persons  deem- 
ed elected. 


LAWS   RELATING    TO    ELECTIONS.  43 

(129)  §  3602.     Sec.  8.     Whenever  the  time  fixed  by  the  Election  ot 
law  of  congress,  foi"  the  election  of  electors  of  president  and  pras'ident  and 
vice  president  of  the  United  States,  shall  not  occur  on  the  \>'e  president 
day  appointed  for  holding  the  general  election,  such  election 

for  electors  of  president  and  vice  president  shall  be  held  on 
the  dav  so  fixed  bv  the  law  of  congress  thei'efor. 

(130)  §  3003.  "Sec.   9.     All   the  provisions  of  law  rela-  idem. 
ting  to  the  notifying  and  holding  of  the  general  elections, 
and  the  election  of  electors  of  jiresident  and  vice  president 
thereat,  shall  apply  to  every  such  election  held  pursuant  to 

the  provisions  of  the  preceding  section ;  and  the  votes  given 
for  such  electors  shall  be  returned  and  canvassed,  and  the  re- 
sult determined  in  the  same  manner  in  all  I'espects,  and  with 
the  like  effect,  as  in  case  of  the  election  of  such  electors  at  a 
general  election. 

NOTIFICATION    OP    ELECTIONS. 

(131)  §  3004.     Sec.  10.     When  a  vacancy  shall  occur  in  secretary  of 
the  office  of  judge  of  the  supreme  court,  of  judge  of  the  cir-  f,o'\'ice'o/eTec- 
cuit  court,  regent  of  the  university,  or  member  of  the  state  ''.""^ng,?" 
board  of  education,  thirty  days  or  more  before  a  general  elec- 
tion, the  secretary  of  state  shall,  at  least  twenty  days  before 

such  election,  cause  a  written  notice  to  be  sent  to  the  sheriff' 
of  each  of  the  counties  within  the  election  district  in  which 
such  vacancy  may  occur,  which  notice  shall  state  in  which 
office  the  vacancy  occurred,  and  that  such  vacancy  will  be 
supplied  at  the  next  general  election. 

Oren  v.   Secrctar.v  of  State,    171  /  590. 

NOTICE :  The  autborlties  are  uniform  that  the  neglect  of  the  secretary 
of  state,  or  of  the  sheriff,  or  of  both  of  them,  to  give  these  notices,  would 
not  invalidate  an  election  of  persons  receiving  the  highest  number  of  votes 
for  any  ofHce  for  which  the  regular  term  was  by  law  to  be  tilled  at  a 
general  election. — Adsit  v.  Scc'y  of  State,  84  /  42.'5 ;  Att'y  Gen.  v.  Can- 
vassers, 64/609:  Powell  v.  Com.  Council,  51/129:  People  v.  Witherell, 
14  /  48 :  People  v.  Hartwell,  12  /  508.  The  notice  required  by  the  statute 
in  such  case  is  deemed  directory  and  not  mandatory.  The  right  and  duty 
to  hold  the  election  is  derii'cd  from  the  law  and  not  from  the  notice. — 
Adsit  V.  Sec'y  of  State,  84/425;  Lindstrom  v.  t'anvassers,  04/470.  But 
an  election  to  till  a  vacancy,  of  which  no  notice  was  given,  aud  which  was 
in  fact  linown  to  but  few  of  the  voters,  is  void.  But  though  the  official 
notice  was  not  given,  or,  if  given,  not  in  the  prescribed  form,  yet,  If  the 
election  has  been  held,  and  the  great  body  of  the  voters  had  notice  in  fact 
of  the  vacancy,  this,  coupled  with  the  fact  that  they  are  presumed  to  know 
that  the  law  requires  the  vacancy  to  be  filled  at  the  next  election,  is  suffi- 
cient, even  though  many  refrained  from  voting  because  of  a  difference  in 
the  construction  of  the  law. — Adsit  v.  Sec'y  of  State,  84  /  427.  See  Secord 
V.  Foutch,  44  /  89.  The  question  to  be  considered  in  these  cases  is  whether 
the  want  of  the  statutory  notice  has  resulted  in  depriving  suiBcient  electors 
of  the  opportunity  of  voting  to  eliange  the  result  of  the  election  :  and  the 
election  sliould  not  be  set  aside  when  it  is  apparent  that  the  result  would 
not  have  been  different  had  all  the  electors  voted. — Adsit  v.  Sec'y  of  State, 
84  /  420. 

(132)  §  3605.     Sec.  11.     The  secretary  of  state  shall,  be-  ot general 
tween  the  first  day  of  July  and  the  first  day  of  September  elections, 
preceding  a  general  election,  direct  and  cause  to  be  delivered 

to  the  sheriff'  of  each  county  in  this  state,  a  notice,  in  writ- 
ing, that  at  the  next  general  election  tliere  will  be  chosen  as 
many  of  the  following  officers  as  are  to  be  elected  at  such 
general  election,  viz. :  A  governor,  lieutenant  governor,  sec- 
retary of  state,  state  treasurer,  auditor  general,  attorney  gen- 


44  STATE    OF    MICHIGAN. 


ei-al,  superintendent  of  public  instruction,  commissioner  of 
the  state  land  office,  members  of  the  state  board  of  education, 
electors  of  president  and  vice  president  of  the  United  States, 
and  a  representative  in  congress  for  the  district  to  which  each 
of  such  counties  shall  belong. 

McPherson  v.   Sec'y  of  State,   92  /  392. 

The  constitution.  Art.  XI.  now  requires  tliat  the  superintendent  of  public 
instruction  and  members  of  the  state  board  of  education  be  elected  at  the 
April  election,  see   sections  66,   69,   510,   511. 

Of  elections  of  (133)  §  3G06.  Sec.  12.  He  shall  also,  between  the  first 
representa"'^  day  of  Julv  and  first  day  of  September  preceding  such  elec- 
tives,  tion,  direct  and  cause  to  be  delivered  to  the  sheriff  of  each 

county  a  notice  in  writing,  stating  the  number  of  senators 
and  representatives  to  be  elected  in  such  county,  specifying 
the  number  of  each  district,  and  the  limits  of  such  district, 
when  the  county  alone  does  not  constitute  a  senatorial  or 
representative  district  or  districts. 

See  note  to  section   131. 

Of  special  (134)     §  3G07.     Sec.  13.     Whenever  a  special  election  shall 

elections  ^^  ordered  by  the  governor  to  fill  any  vacancy,  the  secretary 

of  state  shall  immediately  notify  the  sheriff  of  each  of  the 
counties  embraced  in  said  election  district,  of  the  time  of 
holding  such  election,  the  cause  of  such  vacancy,  the  name  of 
the  officer,  and  the  time  when  his  term  of  office  will  expire. 

See  note  to  section   131. 

Duty  of  board  (]35)  §  3fiOS.  Skc.  11.  When  the  board  of  supervisors 
supervisors  ^^  ^  founty  Shall  Order  a  special  election  to  fill  a  vacancy  in 
any  office,  such  order  shall  be  in  writing  and  signed  by  the 
chairman  and  clerk  of  the  board,  and  shall  specify  how  the 
vacancy  occurred;  the  name  of  the  officer  in  whose  office  it 
occurred;  the  time  when  his  term  of  office  will  expire,  and 
the  day  on  which  such  s]iecial  election  shall  be  held,  not 
being  more  than  forty  nor  less  than  thirty  days  from  the 
making  of  such  order;  and  such  clerk  shall,  without  delay, 
cause  a  co])y  of  such  order  to  be  delivered  to  the  town.ship 
clerk  of  each  townshij),  and  to  one  of  the  inspectors  of  elec- 
tion in  each  ward  of  any  city  in  the  county. 

Secord    v.    Foutch,    44  /  89  ;    People    v.    Palmer,    91  /  287. 

Duty  of  sheriff  (13C)  §  .^fiOfl.  Sec.  15.  The  sheriff,  on  receiving  either 
SStice"''"^  "f  the  notices  directed  in  this  act  to  be  sent  to  him,  shall 
forlhwith  cause  a  notice  in  writing  to  be  delivered  to  the  town- 
ship clerk  in  each  township,  and  to  one  of  the  inspectors  of 
election  in  each  ward  in  any  city  of  his  county,  which  notice 
shall  contain  in  substance  the  notices  so  received  by  such 
sherifl';  but  if  such  county  shall  be  divided  into  two  or  more 
senatorial  or  representative  districts,  then  such  notice,  so  far 
as  it  relates  to  the  election  of  senators  or  representatives, 


LAWS  RELATING  TO  ELECTIONS.  45 


shall  be  delivered  to  the  proper  officer  in  each  township  or 
ward  in  each  respective  district. 

See   note   to   section    131. 

(137)  §  3610.  Sec.  16.  He  .=;han  also  give  at  least  idem. 
twenty  days'  notice  in  writing,  to  be  delivered  to  tlie  to^Ti- 
ship  clerk  of  each  township,  and  to  one  of  the  inspectors  of 
election  in  each  ward  in  any  city  in  his  county,  of  the  hold- 
ing of  each  general  election,  for  the  choice  of  county  officers, 
designating  the  officers  to  be  chosen  at  each  and  every  such 
election. 

(138)  §  3611.     Sec.  17.     The  township  clerk  or  inspector  Duty  of  town- 
of  elections,  receiving  either  of  the  notices  directed  in  this  fnspec'to'^J^o°n 
act  to  be  delivered  to  him,  shall,  bv  notice  in  writing,  under  reoeiving 

*  ^  notice 

his  hand,  give  at  least  ten  days'  notice  of  the  time  and  i)lace 
at  which  such  election  is  to  be  held,  and  the  officers  to  be 
chosen,  which  election  shall  be  held  at  the  place  of  holding 
the  last  preceding  township  meeting,  or  at  such  other  place 
in  the  township  as  the  township  board  of  such  township  shall* 
prescribe;  and  if  the  notice  is  of  a  general  election,  at  which 
a  vacancy  is  to  be  filled,  it  shall  state  the  name  of  the  per- 
son in  whose  office  the  vacancy  shall  have  occurred,  and  that 
such  vacancy  will  be  supplied  at  such  election;  and  such 
township  clerk  or  inspector  shall  cause  such  notices  to  be 
posted  up  in  at  least  three  of  the  most  public  places  in  the 
said  township  or  ward. 

Sections  lS-41  o£  this  act  were  superseded  by  tbe  act  of   ISOl   immediately 
following. 


MANNER  OF  CONDUCTINC  GENERAL  ELECTIONS. 

An  Act  to  prescribe  the  manner  of  conducting  and  to  prevent  fraud 
and   [deception]  deceptions  at  elections  In  this  state. 

[Act   190,    P.    A.    ISOl.] 

The  People  of  the  State  of  Michigan  enact: 

(139)     §  3612.     Section  1.     That  at  all  elections  at  which  inspectoraof 
any  presidential  elector,  member  of  congress,  member  of  the  to*^co'n3tit^ute. 
legislature,  state  or  county  officer  or  circuit  judge  is  to  be 
elected,  or  any  amendments  to  the  constitution,  the  super- 
visor, two  justices  of  the  peace,  not  holding  the  office  of  super- 
visor or  township  clerk,  whofse  term  of  office  will   first  ex- 
pire and  tlie  township  clerk  of  each  township,  and  the  as- 
sessor, if  there  be  one,  an  alderman  of  each  ward  in  a  city 
shall  be  the  inspectors  of  election :   Provided,  That  in  all  vot-  Proviao. 
ing  precincts  where  by  special  enactment,  provisions  exist  for 
designating  inspectors  of  election  said  provisions  are  not  to 
be  superseded,  but  such  officers  shall  be  the  inspectors  of  elec- 


46  STATE    OF    MICHIGAN. 


Further  tion  Under  this  act:     And  provided  further,  That  uo  person 

proviso.  shall  act  as  such  inspector,  who  is  a  candidate  for  any  office 

to  be  elected  by  ballot,  at  said  election. 

DESIGN  OF  ACT :  Tliis  act  is,  dcsisned  to  secure  absolute  secrecy  to  the 
elector  ,nn(l  thus  prevent  all  opportunity  for  corrupt  practices. — Att'y  Gen. 
V.  McQuado.  94/443;  Att'y  Gen.  v.  May.  09/544.  It  was  passed  to  pre- 
serve the  purity  of  elections  and,  although  it  may  result  in  some  incon- 
venience to  the  voter,  the  restrictions  placed  upon  tlie  manner  of  votiuf;  and 
the  regulations,  under  which  votes  may  he  received  and  placed  in  tlie  ballot 
lioxes,  "are  witliin  the  province  of  the  legislature. — .^tt'y  Gen.  v.  May,  99/ 
347.  This  stalute  supplanted  a  law  which  permitted  a  voter  to  vote  openly 
any  ballot  that  he  might   choose. — Att'y  Gen.  v.   Stillson.   108  /  422. 

COUNTY  OFFICER:  CIRCUIT  .JUDGE:  Special  elections  for  judges  or 
county  officers  are  apparently  covered  by  this  section  and  call  for  tlie  action 
of  the  county  commissioners  provided  for  in  section  147. — Peck  v.  Super- 
visors.   102  /  S5.5. 

CONSTITUTIONAL  AMENDMENTS:  Under  Const,  xvii,  1,  such  amend- 
ments may  be  submitted  at  spring  elections.  In  such  case  the  ballots  must 
be  prepared  by  the  county  commissioners  and  may  be  separate  and  be  cast 
in  a  separate  box,  from  those  for  township  officers. — Peck  v.  Supervisors, 
102  /  353. 

When  inspect-  (140)  §  3C13.  Sec.  2.  In  case  four  inspectors  shall  not 
?IvaTOre^  attend  at  the  opening  of  the  polls,  or  shall  not  remain  in  at- 
tendance during  the  election  tlie  electors  present  may  choose, 
viva  voce,  such  number  of  said  electors  as,  with  the  inspector 
or  inspectors  present,  shall  constitute  a  board  of  four  in 
number;  and  such  electors  so  chosen,  shall  be  inspectors  of 
that  election,  during  the  continuance  thereof. 
Clerks  of  (141)     §  3614.     Sec.  3.     In  townships,  the  towTiship  clerk, 

election  jj  present,  shall  act  as  clerk  of  the  election,  and  before  the 

opening  of  the  polls,  the  inspectors  in  each  township  shall 
appoint  an  elector  to  be  a  second  clerk  of  the  election ;  and 
if  the  township  clerk  shall  n-ot  be  present,  the  board  shall 
appoint  two  such  clerks,  and  the  insjiectors  in  each  ward  or 
voting  precinct  in  a  city  shall  designate  one  of  their  number 
to  act  as  clerk  and  shall  appoint  one  other  elector  as  second 
Oath  of  office    clerk;  and  each  of  the  clerks  so  appointed,  and  each  of  the 
inspectors  so   chosen,  shall   take  the  constitutional   oath  of 
office,  which  oath  either  of  the  inspectors  may  administer. 
When  voting         (142)     §3615.     Sec.  4.     When  auv  election  district  or  vot- 
Erdiv?ded'""^  iiig  preciuct  shall  contain   over  three  hundred  electors,  ac- 
cording to  the  poll  list  of  the  last  preceding  general  election, 
the  township  board   in   to'n'nships  and  the   city  council   in 
cities  may,  in  their  discretion,  divide  such  voting  precincts  in- 
what  to  to  two  or  more  election  districts.     In  case  of  townships  and 

ceedufga'.'^"       incorporated  villages  so  divided,   the  provisions  of  chapter 
eight    of   Howell's    annotated    statutes    shall    apply    to   and 
govern  all  proceedings  hereunder,  with  reference  to  .such  di- 
vision, lioards  of  registration,  election  inspectors  and  all  mat- 
when  com-      tcrs  arislug  therefrom  not  provided  for  by  this  act.     In  cities 

mon  council  ,  .,  ..*  .    ^        ,,.,,  ,  ■,■,■■ 

to  provide  for  wliere  no  s])ecial  provisions  exist  relative  thereto,  such  divi- 
by  ordinance.  j.Jqjj  ^^^  j^jj  masters  arising  therefrom,  not  covered  by  the 
provisions  of  this  act,  shall  be  provided  for  by  ordinance  of 
the  common  council  of  said  city,  and  it  is  hereby  made  the 
duty  of  such  common  council  to  make  all  necessary  rules  and 
regulations  in  connection  therewith  to  folly  carry  out  the 
provisions  of  this  section. 

Conely   v.   Common   Council,   93  /  44G. 


LAWS   RELATING   TO   ELECTIONS.  47 

(143)  §  361G.     Sec.  5.     On  the  day  of  election  the  polls  PoUs, 
thereof  shall  be  open  at  seven  o'clock  in  the  forenoon  or  as  "'^^""P'^" 
soon  thereafter  as  may  be,  and  shall  be  continued  open  until 

five  o'clock  in  the  afternoon  of  the  same  day  and  no  longer; 

but  in  townships  the  board  may  adjourn  the  ]iolls  at  twelve 

o'clock,  noon,  for  one  hour,  in  its  discretion.   The  inspectors  Proclamation. 

shall  cause  proclamation  to  be  made  upon  opening  the  polls 

and  cause  proclamation  to  be  made  of  the  closing  of  the  polls 

one  hour,  thirty  minutes  and    fifteen    minutes,    respectively 

before  closing  tliereof :     Provided,  That  city  councils,  village  Proviso, 

councils  or  township  boards  may  by  resolution  keep  the  polls  !"mefof^"'' 

open  until  eight  o'clock  in  the  evening  of  the  same  day  and  no  losing. 

longer. 

Am.    1911,   Act    60;    1913,    Act   35. 

As  to  irregularities  in  opening  and  closing  tlie  polls,  see  People  v.  Cicott, 
16/305,   324. 

(144)  §  ?.617.     Sec.  6.     There  shall  be  provided  and  kept  {;'^f  baUot 
by  the  township  clerk  in  each  township  at  the  expense  of  such 
township,  and  in  each  ward  or  voting  precinct  of  any  city  by 

the  city  clerk  or  recorder  at  the  expense  of  the  city,  one  or 
more  suitable  ballot  boxes,  with  lock  and  key,  which  ballot 
box  shall  have  an  opening  through  the  lid  of  the  proper  size 
to  admit  a  single  closed  ballot,  through  which  each  ballot  re- 
ceived shall  be  passed  into  the  box.  He  shall  also  furnish  Election  seal. 
a  township  or  ward  election  seal,  which  shall  contain  the 
name  of  the  township  or  ward  and  the  words  "election  seal" 
around  the  margin  thereof,  and  such  other  words  or  device 
thereon  as  the  town.ship  board  of  the  township  or  common 
council  o^  the  city  may  prescribe. 

BALLOT  BOXES :  Tlie  law  contemplates  that,  where  state  or  county 
measures,  or  state  or  county  officers  to  be  elected  by  reason  of  ^a  vacancy, 
are  to  be  voted  upon,  the  county  commissioners  may  act :  and  in  such  case, 
the  ballot  may  bp  separate  from  the  ballot  containing  the  tickets  for  town- 
ship officers  and  separate  ballot  boxes  may  be  used,  for  the  furnishing  of 
which    this  section   provides. — Pecli    v.    Supervisors,    102/356. 

SEAL ;  The  seal  is  a  necessary  part  of  the  equipment  under  the  general 
law  and  mu.st  be  used  to  seal  the  ballot  box  as  required. — Ritze  v.  Canvassers 
of    Iron    County,    172  /  423. 

(145)  §  3618.     Sec.  7.    Before  opening  the  poll,  the  bal-  Careof^box, 
lot  box  shall  be  examined,  and  the  contents,  if  any,  removed    ^^'  ^  °' 
therefrom ;  it  shall  then  be  locked,  and  the  key  thereof  de- 
livered  to   one  of  the   inspectoi-s,    to   be  designated   by   the 

board.    The  said  box  shall  not  be  opened  during  the  election, 
except  a.s  provided  by  law  in  case  of  adjournments. 

(146)  §  3619.     Sec.  8.     When  the  supervisor  shall  be  one  chairman  of 
of  the  board,  he  shall  be  chairman  thereof;  but  if  he  be  ab-  ''"'"^''■ 
sent,  such  one  of  their  number  as  the  inspectors  shall  desig- 
nate, shall  be  chairman. 

(147)  §  3620.     Sec.  9.     In  each   county  of  the  state  the  Board  of 
judge  of  probate,  county   clerk  and   county   treasurer  shall  mlssionera.'"' 
constitute  a  board  of  election  commissioners,    two    of   whom 

shall  constitute  a  quorum  and  of  which  board  the  judge  of 
probate  shall  be   chairman   and  the  county  clerk  shall  be 


48 


STATE    OF    MICHIGAN. 


Proviso.  secretary :    Provided,  That  in  the  counties  of  Kent  and  Wayne, 

the  board  of  county  canvassers,  together  with  the  county 
clerk,  who  shall  not  be  entitled  to  vote  on  said  board,  shall 
constitiite  a  board  of  election  commissioners,  two  of  wliom 
shall  constitute  a  quorum.  In  the  counties  last  above 
specifically  mentioned,  the  chairman  of  said  board  of  county 
canvassers  shall  be  chairman  of  the  board  of  election  com- 
missioners, and  the  county  clerk  shall  act  as  clerk  of  said 
board,  but  in  the  event  of  his  unavoidable  absence  the  board 
may  select  one  of  his  deputies  to  act  in  his  stead,  and  in 
case  of  a  vacancy  in  said  board  of  couutj'  canvassers,  acting 
as  a  board  of  election  commissioners,   the  members  of  the 

Compensation,  board  who  are  present  may  till  said  vacancy.  When  the 
said  board  of  election  commissioners  is  made  up  of  the 
board  of  county  canvassers  the  members  of  said  board 
shall  receive  the  same  compensation  as  they  are  entitled 
to  by  law  for  their  sendees  when  acting  as  a  board  of 
county  canvassers.  It  shall  be  the  duty  of  said  board  to 
prepare  a  suflicient  number  of  ballots,  at  least  two  to  each 
elector,  according  to  the  vote  at  the  last  preceding  general 
election,  for  election  of  all  oflicers  for  whom  the  electors 
are  entitled  to  vote,  and  for  all  proposed  constitutional 
amendments  or  other  questions  to  be  submitted  to  the  elec- 
tors for  popular  vote  in  compliance  with  the  provisions  of 
law. 

Am.   1907,   Act  189:   1911,    Act   158. 

OTHER  QUESTIONS :  There  may  be  occasion  for  the  action  of  count.v 
boards  of  election  commissioners  in  cases  not  covered  by  section  one  of 
this  act.  Such  a  case  occurs  upon  the  submission  of  the  question  of  the 
removal    of    the    county    seat. — Peck    v.    Supervisors,    102  /  355. 

CONSTITUTION.iL  AMENDMENTS :  Act  to  secure  publicity  of  amend- 
ments to   the   constitution,   see    sections   634-5   infra.  * 


Number 
of  ballots. 


To  print 
name.')  on 
ballots. 


Committees 
to  forward 
names. 


Proviso, 
nomination 
by  two  or 
more  parties. 


(148)  •  §  3621.  Sec.  10.  The  said  board  of  election  com- 
missioners shall  cause  to  be  printed  on  the  ballot  or  ballot 
label  or  slips  to  be  placed  on  a  voting  machine  when  used, 
the  names  of  the  candidates  nominated  by  the  regularly 
called  conventions  or  primary  election  of  any  party;  and 
it  shall  be  the  duty  of  the  state,  district  or  county  commit- 
tee of  each  political  party  to  forward  to  the  chairman  of 
the  said  board  of  election  commissioners  of  each  county  in 
the  state,  not  less  than  thirty  days  prior  to  any  such  elec- 
tion, a  coi)y  of  the  vignette  adopted  by  them  and  the  names 
of  all  candidates  nominated  at  any  regularly  called  convention 
or  primai-y  at  which  candidates  for  any  of  the  oifices  men- 
tioned in  section  one  of  this  act  shall  be  nominated;  and  no 
other  names,  unless  authorized  and  instructed  by  said  con- 
vention, except  that  in  the  county  of  Wayne  such  county 
and  district  committees  shall  perform  such  duty  not  less 
than  ten  days  prior  to  any  such  election.  All  the  names  of 
parties  so  nominated  shall  be  certified  to  by  the  chairman 
and  secretary  of  the  respective  committees:  Provided,  That 
it  shall  be  unlawful  for  said  board  of  election  commis- 
sioners to  cause   to  be  printed  or  placed   in  more  than   one 


LAWS    RELATING    TO    ELECTIONS.  49 

column  on  the  ballot  or  voting  machine  the  name  of  any 
candidate  who  shall  have  received  the  nomination  by  two 
or  more  parties  or  political  organizations  for  the  same  oflBce. 
Any  person  so  receiving  the  nomination  for  the  same  oflfiee  Nominee  to 
by  two  or  more  parties  or  political  organizations  shall,  with- ''''™  "°"'=*'- 
in  five  days  after  his  name  has  been  certified  to  said  election 
commission  as  having  been  nominated  by  two  or  more  politi- 
cal parties  for  the  same  office,  give  notice  to  the  board  of 
election  commissioners  of  each  county  in  the  state,  if  said 
nomination  be  for  a  state  office,  and  to  the  board  of  election 
commissioners  for  each  county  in  the  district,  if  said  nomi- 
nation be  for  a  congressional,  judicial  or  legislative  office, 
and  to  the  board  of  election  conmiissioners  of  the  county, 
if  such  nomination  be  for  a  county  office,  specifying  in  such 
notice  the  column  of  which  party  or  political  organization 
on  the  ballot  or  voting  machine  he  wishes  his  name  to  he 
printed  or  placed,  and  said  board  of  election  commissioners 
shall  print  or  place  the  name  of  such  candidate  in  such  col 
umn  on  the  ballot  or  voting  machine  so  specified  by  him. 
and  in  no  other  column.  Such  notice  shall  be  given  to  How  given. 
said  election  commissioners  by  delivering  the  same  either  in 
person  or  by  depositing  the  same  in  the  post  office  in  a  sealed 
envelope  with  postage  prepaid,  directed  to  the  chairman  of 
such  board  of  election  commissioners  at  the  county  seat  of 
the  respective  counties,  except  that  in  the  county  of  Wayne 
such  notice  shall  be  given  by  a  nominee  for  a  county,  judicial 
or  legislative  office  witliin  said  county,  within  three  days 
after  his  name  has  been  so  certified  as  having  been  nomi- 
nated' by  two  or  more  political  parties:  Provided,  That  in  Proviso, 
case  any  such  candidate  so  nominated  by  two  or  more  parties  ^^^^^^^'  *"= 
or  political  organizations  for  the  same  office,  and  whose 
name  shall  have  been  certified  by  the  chairman  and  secretary 
of  the  committees  of  such  parties  or  political  organizations 
to  the  said  board  of  election  commissioners  within  the  time 
as  above  provided,  shall  refuse  or  neglect  to  give  notice  to 
said  board  of  election  commissioners  as  above  provided,  and 
within  the  time  above  named,  specifying  in  which  column 
on  the  ballot  or  voting  machine  he  wishes  his  name  to  be 
printed,  then  and  in  such  case  the  said  board  of  election 
commissioners  shall  cause  his  name  to  be  printed  or  placed 
in  the  column  of  the  party  or  political  organization,  from 
the  chairman  and  secretary  of  whose  committee  said  board 
of  election  commissioners  shall  have  first  received  notice  of 
such  person's  nomination  for  said  office,  and  said  board  of 
election  commissioners  shall  not  cause  the  name  of  such  per- 
son to  be  printed  on  the  ballot  or  placed  on  the  voting  ma 
chine  as  a  candidate  for  the  same  office  in  any  other  column. 
All  the  provisions  of  this  section  shall  apply  to  all  city,  Appiiration 
village  and  township  elections  held  in  this  state,  except  "  **''<^"°"- 
that  the  notice  herein  required  to  be  given  by  a  candidate 
shall  be  given  by  him  to  the  proper  board  of  election  com- 
missioners within  two  days  after  his  name  has  been  so  cer- 


STATE   OF   MICHIGAN. 


tified  as  nominated  by  two  or  more  political  parties  for  the 
same  office,  but  this  section  shall  not  be  construed  as  con- 
flicting with  act  number  one  hundred  ninety-four  of  the 
public  acts  of  eighteen  hundred  ninety-one. 

Am    1905.   Act  25:    1909,  Act  302;    1913.  Act    375. 

Act   194  of   189]    is  sections  231-233  of  tliis  compilation. 

NOMINATED  BY  CONVENTION :  A  candidate  ouKint  to  be  placed  In 
nomination  Kv  the  electors  and  represent  a  respectable  portion  thereof,  in 
order  to  entitle  him  to  have  his  name  printed  upon  the  ballot.  Any  one 
has  the  right  to  announce  himself  as  a  candidate,  but  the  ballot  cannot  be 
filled  with  the  names  of  independent  candidates.  Every  one  has  the  right 
to  be  voted  for  upon  the  ballot ;  but,  where  he  is  not  the  nominee  of  a  con- 
vention, a  person  can  be  voted  for  only  in  the  blank  left  on  the  ballot  for 
such  purpose. — Chateau  v.  .Tacob,  88  /  171.  See,  also,  Bragdon  v.  Navarre, 
102/259:    Stephenson    v.    Election    Com'rs,    118/416. 

VIGNETTE :  But  one  vignette  is  provided  for,  but  the  placing  of  a 
separate  vignette  at  the  head  of  the  county  ticlset,  while  an  irregularity.  Is 
not  fatal.  A  voter  cannot  be  disfranchised,  nor  a  candidate  who  is  not 
shown  to  have  participated  in  any  fraud,  be  defeated  of  his  election,  by  such 
an  irregularity. — Lindstrom  v.  Canvassers,  94  /  467.  Where  the  vignette 
adopted  combines  with  it  the  name  of  the  party  or  political  organization 
represented  by  the  committee  forwarding  it  to  the  commissioners,  it  is  un- 
necessary  to  put  another  beading  below  it. — Shields  v.   Jacobs,  88  / 164. 

See   Baker   v.    Election    Com'rs,    110  /  635. 


Impression  ot 
vignette  to 
be  filed. 


(149)  §  3622.  Sec.  11.  It  shall  hereafter  be  the  duty 
of  the  state  committee  of  any  political  party  or  organization 
in  this  state,  before  each  election,  to  prepare  and  adopt,  by 
engraving  or  otherwise,  a  vignette,  to  be  printed  at  the  top 
of  the  column  of  such  ballot  assigned  to  such  party,  as  a 
distinctive  and  characteristic  heading  thereto;  such  vignette 
shall  not  be  more  than  one  inch  and  a  half  square,  and  in 
addition  to  the  device  adopted,  shall  set  forth  legibly  the 
name  of  such  party.  A  proof  copy  of  the  ballot  shall  be 
placed  on  file  at  the  office  of  the  county  clerk  of  each  county 
by  the  board  of  election  commissioners  and  be  open  for  in- 
spection by  the  candidates  named  thereon  and  by  the  chair- 
man of  each  committee  furnishing  the  names  of  candidates 
thereon,  but  by  no  other  person,  at  least  twenty  days  prior 
to  each  election,  except  in  the  county  of  Wayne,  where  such 
copy  shall  be  on  file  at  least  ten  days  prior  to  each  election. 
And  it  shall  be  the  duty  of  the  board  of  election  commis- 
sioners to  correct  such  errors  as  may  be  found  therein  by 
such  inspection. 

Am.  1913,  Act   375.     Act  54  also  amended  this  section. 

VTONETTE  ;      See  note   to   preceding  section. 

PROOF  COPY :  The  failure  to  have  the  proof  copy  of  the  ballot  on  file 
for  inspection,  at  least  ten  days,  is  an  irregularity  which  will  not  disfran- 
chise a  voter  or  deprive  a  candidate  of  his  election,  if  not  shown  to  have 
participated   in    any   fraud. — Lindstrom   v.    Canvassers,   94  /  467. 

(150)  §  362.3.  Sec.  12.  When  such  vignette  and  head- 
ing shall  have  been  adopted  and  prepared,  an  impression  of 
the  same,  followed  by  the  names  of  the  candidates  nominated 
at,  or  by  the  direction  of  the  regularly  called  convention, 
printed  and  sealed  up  in  an  envelope,  shall  be  filed  by  the  re- 
spective committees  with  the  county  clerk  of  the  county  where 
such  election  is  to  be  held,  and  with  the  secretary  of  state, 
at  least  twenty  days  prior  to  such  election,  except  in  the 
county  of  Wayne,  where  such  duties  shall  be  performed  by 
the  respective  committees  at  least  ten  days  prior  to  such  elec- 


LAWS    RELATING    TO    ELECTIONS.  51 


tion.     Such  lists  shall  be  kept  by  the  secretary  of  state  and  unlawful  to 
said  county  clerk  on  deposit,  and  from  the  time  of  said  filing  o"''co'imte°?e4t. 
it  sliail  be  unlawful  for  any  person  to  imitate,  copy  or  in  any 
inaunoi-  counterfeit  the  same,  or  change  the  name  of  the  can- 
didate of  such  regular  convention,  except  as  herein  provided, 
or  by  authority  of  such  convention.     Such  vignette  and  head- 
ing shall  remain  as  the  heading  for  the  column  of  such  party 
organization  on  the  ballots  of  all  elections  until  changed  by 
the  proper   committee,   and   notice  thereof  shall   have  been 
given  to  such  county  clerks  and  secretary  of  state.     It  shall  Board  to  pro- 
be the  duty  of  the  board  of  election  commissioners  to  pro-^"^™^' 
vide,  at  the  expense  of  the  county,  a  suflQcient  number  of  cuts 
of  the  several  vignettes  provided  for  in  this  act,  from  which 
to  print  the  necessary  number  of  ballots  to  be  distributed  by 
them. 

(151)  §3624.     Sec.  13.     Whenever   a    proposed    constitu- secretary  of 
tional  amendment  or  other  question  is  to  be  submitted  to  the  certify "amend- 
electors  of  the  state  for  popular  vote  the  secretary  of  state  "i*"'"' 
shall-  duly  and  not  less  than  fifteen  days  before  election,  cer- 
tify the  same  to  the  clerk  of  each  country  in  the  state. 

rONSTITUTIONAL   AMENDMENTS:      For   an    act    to   secure    greater   pub- 
licity  for   amendments   to   the   constitution,   see  sections  634-5. 

(152)  §  3G25.  Sec.  14.  The  board  of  election  commis- printing  of 
sioners  in  each  county  shall  cause  the  names  of  all  candi-  {lalioTs.^etc. 
dates  for  the  various  offices  mentioned  in  section  one  of  this 

act  to  be  voted  for  at  any  election  held  pursuant  to  the  pro- 
visions of  this  act,  to  be  printed  on  one  ballot,  all  nomina- 
tions of  any  party  to  be  placed  in  a  separate  column  under 
the  title  and  device  of  such  party  as  designated  in  its  certifi- 
cate, with  the  name  of  each  candidate  opposite  the  name  of 
the  office  for  which  he  was  certified  to  have  been  nominated. 
.\t  the  general  elecl:ion  held  in  November  the  names  of  the  Name  of 
several  offices  to  be  voted  for  shall  be  placed  on  the  ballot  in  ''*'^'' 
the  following  order:     Electore  of  president  and  vice  presi- order  of 
dent  of  the  United  States,  governor,  lieutenant  governor,  sec-  'llr  Norember 
retary  of  state,  state  treasurer,  auditor  general,  attorney  gen-  Section. 
eral,  superintendent   of  public  instruction,  commissioner  of 
the  state  land  office,  member  of  the  state  board  of  education, 
representative  in  congress,  senator  and  representatives  in  the 
state  legislature,  judge  of  probate,  sheriff,    clerk,    treasurer, 
register  of  deeds,  prosecuting  attorney,  auditor  in   counties 
electing  an  auditor,  circuit    court   commissioners,    coroners, 
surveyor.     At  the  general  election   held  in  April  the  order  April  election. 
shall  be  justice  of  the  supreme  court,  regents  of  the  univer- 
sity, circuit  judge,  county  commissioner  of  schools.     At  any 
election  to  fill  vacancy,  the  office  to  l)e  voted  for  shall  be 
placed  in  the  appropriate  place  on  the  ballot,  regard  being 
had  to  its  being  a  state,  congressional,  legislative,  or  county 
office.     The  tickets  of  the  party  having  the  greatest  number  party  tickets. 
of  votes  within  the  state  at  the  last  preceding  presidential 
election  as  shown  by  the  votes  cast  thereat  for  electors  of 


52  STATE    OF    MICHIGAN. 


president  and  vice  president  shall  be  placed  first  on  the  bal- 
lot, the  position  of  other  tickets  to  be  governed  relatively  by 
Ballots  to  be  the  Same  rule.  The  ballots  shall  be  of  uniform  size  and  of 
uniform  size  ^j^^  same  quality  and  color  of  white  paper,  and  suflSciently 
thick  that  the  printing  cannot  be  distinguished  from  the  back 
and  the  ballots  in  each  election  district  shall  be  numbered 
consecutively  on  the  upper  right-hand  comer  of  the  front 
side  thereof,  and  no  two  ballots  of  the  same  kind  in  the  same 
township  or  election  district  shall  have  the  same  number; 
such  corner  containing  said  number  shall  be  perforated 
diagonally  across  the  corner  of  the  ballots,  so  that  it  can  be 
handily  torn  off  as  hereinafter  provided,  before  such  ballot 
Plan  of  bi.iiMt.  is  deposited  in  the  ballot  box.  The  ari'angement  of  the  bal- 
lot shall  conform  as  nearly  as  possible  to  the  following  plan, 
and  shall  contain  the  specific  instructions  therein  set  forth, 
and  no  othera : 


OFFICIAL    BALLOT. 

(Instructions.)  In  all  cases  make  a  cross  (X)  in  the  circle 
(O)  under  the  name  of  your  party  at  the  head  of  the  ballot. 
If  you  desire  to  vote  a  straight  ticket,  nothing  further  need 
be  done.  Where  only  one  candidate  is  to  be  elected  to  any 
office,  and  you  desire  to  vote  for  a  candidate  not  on  your 
party  ticket,  make  a  cross  (X)  in  the  square  [  ]  before  the 
name  of  the  candidate  for  whom  you  desire  to  vote  on  the 
other  ticket.  Where  two  or  more  candidates  are  to  be 
elected  to  the  same  office,  and  you  desire  to  vote  for  candi- 
dates on  different  tickets  for  such  office,  make  a  cross  (X)  in 
the  square  [  ]  before  the  name  of  the  candidates  for  whom 
you  desire  to  vote  on  the  other  ticket;  also  erase  an  equal 
number  of  names  of  candidates  on  your  party  ticket  for  the 
same  office  for  whom  you  do  not  desire  to  vote.  If  you  wish 
to  vote  for  a  candidate  not  on  any  ticket,  write  or  place  the 
name  of  such  candidate  on  your  ticket  opposite  the  name  of 
the  office.  Before  leaving  the  booth,  fold  the  ballot  so  that 
the  initials  of  the  inspector  may  be  seen  on  the  outside. 


LAWS    RELATING   TO    ELECTIONS. 


53 


NAMES    OF    OFFICES 
VOTED    FOR. 

Vignette 

with 

Name  of  Party. 

Vignette 

witti 

Name  of  Party. 

Vignette 

with 

Name  of  Party. 

0 

0 

0 

1 — 1     Name  of  can- 
1— 1           didate. 

1 — 1     Name  of  can- 
LJ           didate. 

1 — 1     Name  of  can- 
LJ           didate. 

PRESIDENTIAL. 

Electors  of  President 

a  nd   Vice-President. 

1—1     Name  of  can- 
U           didate. 

1 — 1     Name  of  can- 
LJ           didate. 

1 — 1     Name  of  can- 
Ll           didate. 

1 — 1     Name  of  can- 
LJ           didate. 

1 — 1     Name  of  can- 
LJ           didate. 

1 — 1     Name  of  can- 
U           didate. 

STATE. 
Governor 



1 — 1     Name  of  can- 
LJ           didate. 

1 — 1     Name  of  can- 
U           didate. 

1 — 1     Name  of  can- 
LJ           didate. 

1 — 1     Name  of  can- 
LJ           didate. 

1 — 1     Name  of  can- 
LJ           didate. 

1 — 1     Name  of  can- 
l—l           didate. 

1 — 1     Name  of  can- 
l_J           didate. 

1 — 1     Name  of  can- 
Ll           didate. 

1 — 1     Name  of  can- 
LJ           didate. 

Representative  in  Congress, 

1 — 1     Name  of  can- 
LJ           didate. 

1 — 1     Name  of  can- 
l—l           didate. 

1 — 1      Name  of  can- 
LJ           didate. 

1 
LEGISLATIVE.                               Name  of  can- 
Senator DMrict '-'            '^'"^''^''■ 

r— 1     Name  of  can- 
LJ           didate. 

1 — 1     Name  of  can- 
LJ           didate. 

Representatite District        Q      ^'"dMate*^*"' 

1 — 1     Name  of  can- 
L-J           didate. 

1 — 1     Name  of  ean- 
U           didate. 

COUNTY. 
Judfje  0/  Probate 

1 — 1     Name  of  can- 
U           didate. 

1 — 1     Name  of  can- 
LJ           didate. 

1 — 1     Name  of  can- 
Ll           didate. 

Sheriff, 

1 — 1     Name  of  can- 
1— 1           didate. 

1 — 1     Name  of  can- 
LJ           didate. 

1 — 1     Name  of  can- 

— 

Clerk                                                      i — 1     Name  of  can- 
1    l-J            didate. 

1 

1 — 1     Name  of  can- 
U           didate. 

1 — 1     Name  of  eai 
LI           didate. 

54 


STATE    OF    MICHIGAN. 


Am.    1901,   Act   214. 

OFFICIAL  BALLOT :  Ag  to  printing  names  on  ballots  and  the  prepara- 
tion of  the  ticltets,  see  notes  to  section  148.  The  provisions  of  this  section 
as  to  arranging  the  tickets  on  the  ballots  are  not  merely  directory,  but 
must  be  observed  in  making  up  the  ballot. — Baker  v.  Elec.  Com'rs,  110 /GSn. 
A  spring  election  held  not  a  general  election  in  determining  the  right  tr> 
place  a  ticket  in  the  first  column  of  an  oflSciai  ballot. — Edgar  v.  Bd.  of  Elec. 
Com'rs.    ll.S/41.8.      See    Stephenson   v.    Bd.    Elec.    Com'rs.    118/396. 

INSTRUCTIONS :  In  a  village  election,  notices  in  the  nature  of  instruc- 
tions to  the  voter,  were  posted,  but  followed  the  form  originally  prescribed 
in  1891,  and  were  not  in  exact  conformity  with  the  amendatory  law  of 
189,3.  This  was  held  to  be  an  irregularity,  which  was  not  fatal  to  the 
election. — People    ,v.    Avery,    102  /  573. 

BALLOT :  All  votes  must  be  given  by  ballot. — Const,  iii,  7.  Under  the 
old  law  it  was  held  that  the  designation  of  the  person  voted  for  b.v  the 
initials  of  his  name  is  not  sufficient,  for  no  other  evidence  than  the  ballot 
is  receivable  to  show  the  voter's  intention.  A  vote  for  J.  A.  Dyer  does  not 
show  an  intention  to  vote  for  James  A.  Dyer  and  cannot  be  counted  for  him. 
— People  V.  Tisdale,  1  Doug.  59 :  People  v.  Higgins.  3  /  233 ;  People  v. 
Cicott,  1G/2S3;  People  v.  McNeal,  63/294.  An  error  in  spelling  a  name, 
if  it  does  not  change  the  sound,  will  not  prevent  the  ballot  from  being 
counted  for  the  person  evidently  intended. — People  v.  Tisdale,  1  Doug.  65. 
"Finegan"  may  be  counted  tor  "Finnegan." — People  v.  Mayworm.  5  /  149. 
Where  a  part  of  the  surname  has  been  omitted,  it  cannot  be  counted  as  if 
It  were  perfect,  unless  it  is  idem  sonans. — People  v.  Cicott,  16/307.  But 
a  well  known  abbreviation,  as  Geo.  for  George,  or  Thos.  for  Thomas  may  be 
used  and  counted  according  to  the  evident  intention  of  the  voter. — People 
V.  Tisdale,  1  Doug.  65.  Poor  handwriting  may  be  fatal ;  a  written  ballot 
for  Toley  was  not  allowed  to  be  counted  for  Tobey. — People  v.  McNeal,  63  / 
294.  But  ballots  for  ,Tohn  Jochim  were  counted  for  John  W.  Jochim.  it 
not  appearing  that  there  was  any  other  John  Jochim  within  the  district. 
— People  V.  Kennedy,  37  /  67.  The  omission  of  the  word  "for"  before  the 
name  of  the  office  is  immaterial,  and  the  name  of  the  office  may  be  abbre- 
viated, if  it  is  unequivocal. — People  v.  Cicott,  16  /  307.  When  an  act  author- 
izes the  submission  of  a  question  to  the  people  without  prescribing  the 
form  of  the  ballot,  it  is  necessary  that  the  voter's  ballot  should  show  that 
the  specific  question  contemplated  by  the  act  was  passed  upon. — People  v. 
Woodhull,    14/28. 


In  case  of 
death  of  can- 
didate. 


Pasters  to  he 
provided. 


I n  case  a 
name  has  been 
omitted. 


Change  in  li;il. 
lols  on  death, 
removal  or 
resignation  of 
candidate. 


(153)  §  3626.  Sec  15.  In  case  of  the  death,  removal  or 
withdrawal  of  any  candidate  after  the  printing  of  such  bal- 
lot, and  before  such  election,  the  chairman  of  the  state,  dis- 
trict or  count.v  committee  of  the  political  party  to  which  such 
candidate  belongs  shall  transmit  to  the  chairman  of  the 
board  of  election  commissioners  the  name  of  the  person  se- 
lected by  such  party  to  fill  such  vacancy,  and  said  board  shall 
provide  the  election  board  of  each  precinct,  in  which  such 
candidate  is  to  be  voted  for,  with  a  number  of  pasters  con- 
taining only  the  name  of  such  new  candidate,  at  least  equal 
to  the  number  of  ballots  provideil  for  such  precinct,  but  no 
pasters  shall  be  given  to,  or  received  by  any  one,  except  such 
election  board  and  such  chairman,  and  it  shall  be  the  duty 
of  the  chairman  of  the  board  of  inspectors  of  election  to  put 
one  of  such  pasters  in  a  careful  and  proper  manner,  in  the 
proper  place  on  each  ballot  before  it  shall  be  given  to  any 
elector  for  the  purpose  of  voting,  and  in  case  the  name  of 
any  candidate  regularly  certified  to  said  board  of  election 
commissioners  shall  have  been  omitted  from  sucli  ballots,  said 
board  of  election  commissioners  shall  furnish  pasters  contain- 
ing the  name  of  such  candidate  and  the  same  shall  be  placed 
upon  the  ballots  as  herein  provided  in  the  case  of  a  candi- 
date selected  to  fill  a  vacancy.  In  case  of  such  death,  re- 
moval or  resignation  before  the  printing  of  such  ballots,  the 
name  of  the  person  selected  in  the  place  of  such  candidate 
shall  be  communicated  by  the  proper  committee  to  the  politi- 
cal organization  to  which  such  candidate  belonged,  and  the 
necessary'  change  in  such  ballot  shall  be  made  bv  the  board. 


LAWS   RELATING    TO    ELECTIONS.  55 

(lo-4)  §  3627.  Sec.  16.  It  shall  not  be  lawful  for  the  rniawtui  to 
printer  of  such  ballots  or  any  othei'  person  to  give,  or  deliver  llffiVfa/'baUof" 
to,  or  knowingly  permit  to  be  taken,  any  of  said  ballots,  by 
any  person  other  than  the  board  of  election  commissioners, 
for  which  such  ballots  are  being  printed,  or  to  print,  or  cause 
or  permit  to  be  printed,  any  ballot  in  any  other  form  than  the 
one  prescribed  by  this  act,  or  with  any  other  name  thereon, 
or  with  the  names  misspelled,  or  the  names  or  devices  thereon 
arranged  in  any  other  way  than  that  authorized  and  directed 
by  the  said  board  of  election  commissioners :  Provided,  That  I'roviso. 
it  shall  and  may  be  lawful  for  the  chaii-man  of  committees, 
and  candidates  named  on  the  official  ballot  to  procure  any 
number  of  fac  similes  of  the  ticket  to  be  printed  on  red,  yel- 
low or  blue  paper  and  to  circulate  the  same  for  the  purpose 
of  the  instructions  of  voters;  and  said  colored  ballot  to  have 
printed  at  the  head  the  words  "Instruction  Ballot." 

(155)  §  362S.    Sec.  17.     It  shall  be  tlie  duty  of  the  board  Hoard  oreiee- 
of  election  commissioners  of  each  county  to  provide  and  en-  .«jonera'to°fur- 
close  in  each  package  of  official  ballots  to  be  delivered  to  '"^^  pencils. 
some  member  of  the  board  of  election  inspectors  of  each  vot- 
ing precinct  as  hereinafter  provided,  as  many  black  or  blue 

lead  pencils,  to  be  attached  with  strings  or  in  other  suitable 
manner  to  the  booth,  as  may  be  necessai'y,  at  leaist  three  black 
or  blue  lead  pencils  being  furnished  for  evei"y  booth  erected  as 
hereinafter  provided.  And  the  board  of  election  commission- 
ers of  each  county  shall  audit  and  issue  their  warrants  for 
the  same,  which  shall  be  paid  by  the  county  treasurer  out  of 
the  general  fund  of  the  county. 

Section   18  is  repealed  by  Act  266  of  1897. 

(156)  §  3629.     Sec.  19.     It  shall  be  the  duty  of  the  chair-  uuty  of  chair- 
man of  the  board  of  election  inspectors  of  each  voting  pre-  J",""  baUo°3. 
cinct  in  each  county,  or  in  case  he  cannot  attend,  some  other 

member  of  such   board,  authorized   in  writing  by  the  said 
chairman,  to  appear  at  the  office  of  the  county  clerk  of  his 
county,  not  more  than  four  nor  less  than  two  days  before 
each  election,  and  the  board  of  election  commissioners  shall 
deliver  to  him,  in  a  sealed  package,  the  ballots  and  the  stamps 
or  other   apparatus    provided    for   his   precinct :      Provided,  Proviso,  where 
That  in  cities  where  a  later  date  is  fixed  for  the  delivery  of  lli'dtteJ!^^'' 
city  ballots  to  said  [chairmen]  chairman,  the  ballots  may  be 
delivered  by  the  board  of  election  commissioners  at  the  same 
time  that  the  city  ballots  are  so  delivered,  and  in  election 
precincts  where  the  ballot  boxes  are  delivered  locked  to  elec- 
tion inspectors  by  officials,  such  stamps  and  pads  or  other 
apparatus  may  be  enclo.sed  in   such  ballot  boxes  instead  of 
with  the  ballots.     The  neces.sary  number  of  ballots  shall  be  iiowbaiiota 
wrapped  and  tied  in  packages,  and  securely  sealed  with  wax,  ''"'  "''■ 
and  the  chairman  of  said  board  of  election  commissioners  or 
some  other  mcmlier  thereof,  duly  authorized  therefor  by  said 
board,   shall   make  and   sign   a   certificate   setting  forth   the 
number  of  ballots  in  such  package,  and  tliat  such  ballots  were 


56 


STATE    OF    MICHIGAN. 


When  to  be 
opened. 


When  board  to 
send  ballots. 


packed  and  sealed  by  himself  personally,  and  upon  delivery 
of  such  package  and  said  certificate  to  said  inspector  of  elec- 
tions he  shall  receipt  for  the  same;  and  for  the  safe  sealing 
of  such  ballots,  the  county  board  of  election  commissioners 
shall  provide  themselves  with  a  seal  of  such  design  as  they 
may  deem  proper.  Said  packages  shall  not  be  opened  until 
delivered  to  the  election  board  of  the  respective  voting  pre- 
cincts, to  which  they  were  directed  when  said  boards  shall  be 
fully  organized  and  ready  for  the  reception  of  votes  as  in 
this  act  provided. 

(157)  §  3G30.  Sec.  20.  In  case  none  of  the  board  of 
election  inspectors  of  any  precinct  shall  appear  at  the  office 
of  the  county  clerk  within  the  time  above  specified,  the  board 
of  election  commissioners  shall  forthwith  dispatch  a  special 
messenger  to  such  precinct,  with  the  ballots  and  stamps  for 
such  precinct,  wrapped,  tied  and  sealed  as  aforesaid,  who 
shall  deliver  the  same  to  one  of  the  election  inspectors  or 
some  responsible  elector  of  such  precinct,  to  be  designated  by 
the  board  of  election  commissioners,  who  may  receipt  there- 
for and  whose  duty  it  shall  be  to  deliver  the  same  to  the  in- 
spectors at  the  polling  place  before  .seven  o'clock  in  the  fore- 
noon of  the  day  of  election.  Such  messenger  shall  promptly 
report  to  such  clerk  and  file  with  him  the  receipt  of  the  per- 
son to  whom  he  delivered  such  ballots  and  stamps,  and  his- 
affidavit  stating  where,  when  and  to  whom  he  delivered  the 
same. 

(158)  §  3631.  Sec.  21.  In  all  townships,  and  all  voting 
precincts  in  cities,  the  township  board  of  each  township,  and 
the  various  ofScers  whose  duty  it  may  be  to  designate  and 
prescribe  the  place  or  places  of  holding  general  elections  in 
the  several  cities,  wards,  election  districts  and  voting  pre- 
cincts, throughout  the  state,  shall  provide  for,  and  cause  to 
be  erected  in  the  i-oom  where  elections  are  to  be  held,  a  rail- 
ing or  fence  four  feet  in  height,  which  railing  or  fence  shall 
be  placed  through  and  across  the  room,  and  shall  cause  gates 
to  be  erected  in  said  railing.  The  entrance  gate  shall  be  in 
charge  of  a  gate  keeper  appointed  at  the  opening  of  the  polls 
by  the  board  of  election  inspectors,  and  duly  sworn  to  allow 
no  per.son  to  pass  through  said  gate  and  enter  said  railing 
except  as  otherwise  provided  in  this  act,  except  to  vote  or  to 
assist  some  elector  in  the  prepai'atiou  of  his  ballot,  as  pro- 
vided in  this  act,  and  no  person  shall  be  allowed  to  be  inside 
of  said  railing,  except  to  vote,  or  to  assist  an  elector  in  the 
])reparation  of  his  ballot  as  hereinafter  provided,  and  as  soon 
as  the  elector  has  voted  he  shall  retire  without  and  shall  not 
again  be  admitted  within  the  railing,  and  only  as  many  elec- 
tors as  there  are  booths  shall  be  allowed  within  the  railing 
at  one  and  the  same  time,  and  the  electors  shall  be  admitted 
in  the  order  in  wliich  they  shall  apply.  The  entrance  gate 
shall  be  placed  at  one  side  of  the  room",  and  on  the  inside  of 
.said  gate  a  booth  or  temporary  room  shall  be  erected.  At 
least  one  such  booth  shall  be  provided  at  each  polling  place, 


To  file  receipt 
for  ballots. 


Railing  or 
fence  to  he 
erected  in 
voting   room. 


Entrance  to  be 
in  charge  of 
gate  keeper. 


Who  allowed 
inside  railing. 


Booths  to  be 
erected. 


LAWS    RELATING    TO    ELECTIONS.  57 

and  not  less  than  one  for  each  hundred  persons  entitled  to 

vote  thereat,  as  shown  by  the  last  preceding  registration  of 

electors,  and  built  Avith  walls  not  less  than  six  feet  high,  and 

in  such  [a]  manner  that  the  person  preparing  the  ballot  shall 

be  concealed  from  all  other  persons.     Said  railing  shall  also  Exit  gate  and 

contain  an  exit  gate,  which  shall  be  under  the  care  of  an    '^^p^'"- 

oflScer  appointed  by  the  board  and  duly  sworn,  as  above. 

The  booths  must  be  so  constructed  as  to  secure  secrecy  to  the  voter  in 
the  prep,Tration  of  his  vote,  but  so  as  not  to  obstruct  the  view  between  the 
public  and  the  voter  when  he  deposits  his  vote.  The  gate-keeper  must  admit 
within  the  railing  at  one  time  as  many  voters  as  there  are  booths,  and  no 
more,  and  as  fast  as  one  booth  becomes  vacant  he  must  admit  another 
voter. — Common    Council    v.    Rush,    82  /  533. 

MISCONDUCT  OF  INSPECTORS :  In  determining  the  title  to  a  county 
office,  the  vote  of  a  township  should  be  excluded,  where  it  appears  that  in 
such  township  the  mandatory  provision  of  the  election  law  requiring  the 
official  ballots  to  bo  kept  in  the  custody  of  an  inspector  was  violated  by  the 
appointment  of  an  unofficial  person  as  "instructor"  to  distribute  the  bal- 
lots, and  allowing  him  access  to  the  voters  even  after  they  had  entered 
the  booths,  although  the  parties  acted  In  good  faith  and  it  is  not  shown  that 
voters  were    unduly   influenced. — Att'y  Gen.   v.   Kirby,   120  /  592. 

(159)     §  3632.     Sec.  22.   At  the  opening  of  the  polls  after  package, 
Ihe  organization  of  and  in  the  presence  of  the  board  of  in-  ''""'  °'"^"*"  ' 
spectors.  one  of  the  inspectors  shall  open  the  packages  of  bal- 
lots in  such  a  manner  as  to  preserve  the  seal  intact.    He  shall  Delivery  of 
then  deliver  to  any  one  of  the  inspectors  fifty  of  the  ballots,  I'lfipeSo?. 
and  shall  place  the  pencils  for  marking  the  ballots  in  the 
booths.    Any  inspector  initialing  ballots  shall  at  once  proceed  initialing. 
to  write  his  initials  in  ink  or  with  lead  or  indelible  pencil  on 
the  back  of  the  ballot  directly  below  the  perforated  line,  so 
that  the  same  shall  not  be  torn  off  when  the  number  is  torn 
off  by  the  inspector,  in  his  ordinary  handwriting  and  without 
any  distinguishing  mark  of  any  kind.     As  each   successive  Delivery  of 
voter  calls  for  a  ballot,  one  of  the  inspectors  shall  deliver  to  vo'/er. '° 
him  the  first  signed  of  the  fifty  ballots,  and  as  the  supply  of 
ballots  in  the  hands  of  the  inspectors  shall  decrease,  addi- 
tional ballots  shall  be  signed  by  an  inspector,  so  that  at  least 
twenty-five  ballots  so  signed  shall  be  at  all  times  in  the  hands 
of  the  inspector  delivering  the  ballots  to  the  electors. 

Am.    1901,   Act  214;    1905,   Act  55;   1909.  Act   192. 

See  note  to  previous  section. 

INITI.ALING  B.\LL0TS :  The  provisions  of  this  law  do  not  authorize 
the  rejection  by  the  canvassers  of  ballots,  inadvertently  indorsed  by  the  in- 
spector in  the  lower  right-hand  corner  :  so  much  of  the  statute  as  designates 
the  particular  place  for  the  indorsement  being  directory  only. — Horning  v. 
Board  of  Canvassers  of  Saginaw  Co.,  119  /  51.  See  DeGaw  v.  Fitzsimmons, 
124  /51]. 

The  indorsement  of  the  initials  was  made  in  all  respects  as  required  by 
law,  except  that,  instead  of  being  in  the  upper  left-hand  corner,  they  were 
In  the  lov,'er  right-hand  corner.  The  inspectors  of  election  did  not  intend 
to  do  any  wrong.  The  electors  were  all  qualified  voters.  They  accepted  the 
ballots  as  given  them  by  the  inspector,  supposing  them  to  conform  fully  with 
tlie  law.  As  vn^ed,  tliey  were  secret  ballots.  The  electors  voted  them  in 
the  ulmosi  good  faith,  without  objection  or  cballenge  from  anyone.  The  in- 
spectors counted  them  without  protest  from  any  one.  The  electors  were  in 
no  sense  responsible  for  the  mistake  of  the  inspector.  To  disfranchise  hun- 
dreds of  legal  voters,  for  an  unintentional  mistake  of  this  character  by  a 
public  oflicer,  is  a  gross  injustice,  and  is  calculated  to  bring  a  very  com- 
mendable law  into  disrepute.  It  would  enable  a  corrupt  inspector  to  dis- 
franchise the  electors  when  they  were  not  parties  to  the  fraud. — Horning 
v.  Bd.  of  Canvassers,  119 /GO.  .\ct  55  of  1905,  making  provision  for  initial- 
ing ballots  and  rejecting  those  improperly  marked,  is  constitutional. — People  v. 
Einehart,    IGl  /  585. 


58 


STATE    OF    MICHIGAN. 


Challengers, 
who  may 
designate. 


Removal. 


Proceedings, 
when  elector 
challenged. 


Form  of  oath , 
when  elector 
challenged . 


(160)  §  3G33.  Sec.  23.  At  every  election,  each  of  the 
political  parties,  and  any  organization  or  committee  of  citi- 
zens interested  in  the  adoption  or  defeat  of  any  measure  to 
be  voted  for  or  upon  at  any  election,  or  interested  in  pre- 
serving the  purity  of  elections  and  in  guarding  against  the 
abuse  of  the  elective  franchise,  shall  have  the  rght  to 
designate  and  keep  not  exceeding  two  challengers  at  each  place 
of  voting,  who  shall  be  assigned  such  positions  immediately 
adjoining  the  inspectors  inside  the  polling  place  as  will 
enable  them  to  see  each  person  as  he  offers  to  vote,  and  a 
seat  and  table  or  desk  on  which  he  may  write  within  the 
railing  shall  be  furnished  for  the  accommodation  of  one  of 
such  challengers,  and  he  shall  have  the  right  to  inspect  the 
poll  lists  as  kept  by  the  clerks,  and  who  shall  be  protected 
in  the  discharge  of  their  duty  by  the  inspectors  and  the 
police.  Authority  signed  by  the  recognized  cbainiian  or  pre- 
siding officer  of  the  chief  managing  committee  of  any  or- 
ganization or  committee  of  citizens  interested  in  the  adoption 
or  defeat  of  any  measure  to  be  voted  for  or  upon  at  any 
election,  or  interested  in  preserving  the  purity  of  elections  and 
in  guarding  against  the  abuse  of  the  elective  franchise  or 
any  political  party  in  such  county  or  township,  city,  ward 
or  voting  precinct,  shall  be  sufficient  evidence  of  the  right 
of  such  challengei"s  to  be  present  inside  the  room  where 
the  ballot  box  is  kept.  The  chairman  appointing  any  chal- 
lenger may,  at  his  discretion,  remove  him  and  appoint  an- 
other. Any  challenger  shall  have  the  right  and  privilege 
of  remaining  during  tJie  canvass  of  the  votes  and  until 
the  returns  are  duly  signed  and  made.  Any  officer  or  elec- 
tion board  who  shall  prevent  the  presence  of  such  chal- 
lengers as  above  provided,  or  shall  refuse  or  fail  to  provide 
such  challengers  with  conveniences  for  the  performance  of 
the  duties  expected  of  them,  shall  upon  conviction,  be  pun- 
ished as  provided  in   section  forty-five  of  this  act. 

Am.    2nd  Ex.    Sess.   1912,   Act  8. 

People  V.   Hanna,   98  /  ,516  ;   Att'y   Gen.   v.   May,  99/566. 

See    note    to    section    158. 

(161)  §  3634.  Sec.  24.  If  any  person  offering  to  vote 
shall  be  challenged  as  unqualified  by  any  inspector,  chal- 
lenger, or  any  elector  qualified  to  vote  at  that  poll,  the  chair- 
man of  the  board  of  inspectors  shall  declare  to  the  person 
challenged  the  constitutional  qualifications  of  an  elector,  and 
if  such  person  shall  state  that  he  is  a  qualified  elector,  and 
the  challenge  shall  not  be  withdrawn,  one  of  the  inspectors 
shall,  tender  to  him  such  of  the  following  oaths  as  he  may 
claim  to  contain  the  grounds  of  his  qualifications  to  vote: 

1.  You  do  solemnly  swear  (or  affirm)  that  you  are  twenty- 
one  years  of  age,  that  you  are  a  citizen  of  the  United  States, 
that  you  have  resided  in  this  state  six  months,  and  in  this 
township  (ward,  or  voting  precinct,  as  the  case  may  be) 
twenty  days  next  preceding  this  election,  and  that  you  have 
not  voted  at  this  election;  or 


LAWS   RELATING    TO    ELECTIONS.  59 

2.  You  do  solemnly  swear  (or  affirm)  that  you  are  twenty- 
one  years  of  age,  that  you  resided  in  this  state  on  the  twenty- 
fourth  day  of  June,  one  thousand  eight  hundred  and  thirty- 
five,  that  you  have  resided  in  this  state  six  months,  and  in 
this  township  (ward,  or  voting  pi-ecinct,  as  the  case  may  be) 
twenty  days  next  preceding  this  election,  and  that  you  have 
not  voted  at  this  election;  or 

3.  You  do  solemnly  swear  (or  affirm)  that  you  are  twenty- 
one  yeait?  of  age,  that  you  resided  in  this  state  on  the  first 
day  of  January,  one  thousand  eight  hundred  and  fifty,  that 
you  have  declared  your  intention  to  become  a  citizen  of  the 
United  States,  pursuant  to  the  laws  thereof,  six  months  pre- 
ceding this  election,  that  you  have  resided  in  this  state  six 
months,  and  in  this  township  (ward,  or  voting  precinct,  as 
the  case  may  be)  twenty  days  next  preceding  this  election, 
and  that  you  have  not  voted  at  this  election;  or 

4.  You  do  solemnly  swear  (or  affinn)  that  you  are  twenty- 
one  years  of  age,  that  you  resided  in  this  state  two  years  and 
six  months  prior  to  the  eighth  day  of  November  in  the  year 
one  thousand  eight  hundred  and  ninety-four,  that  you  de- 
clared your  intention  to  become  a  citizen  of  the  United 
States,  pursuant  to  the  laws  thereof,  two  years  and  six  months 
prior  to  said  eighth  day  of  November,  that  you  have  resided 
in  this  township  (ward,  or  voting  precinct,  as  the  case  may 
be)  twenty  days  next  preceding  this  election  and  that  you 
have  not  voted  at  this  election;  or 

5.  You  do  solemnly  swear  (or  affirm)  that  you  are  twenty- 
one  years  of  age,  that  you  are  a  native  of  the  United  States, 
that  you  are  of  Indian  descent  and  do  not  belong  to  any  tribe, 
that  you  have  resided  in  this  state  six  months,  and  in  this 
township  (ward,  or  voting  precinct,  as  the  case  may  be) 
twenty  days  next  preceding  this  election,  and  that  you  have 
not  voted  at  this  election. 

If  such  person  so  challenged  will  take  either  of  the  above  penaitj- for 
oaths,  his  vote  shall   be  received ;  but  if  such  person  shall  (^j|pi"-"° 
therein  swear  falsely,  upon  conviction  thereof  he  shall  be  lia- 
ble to  the  pains  and  penalties  of  perjury. 

RESIDENCE ;  The  temporary  absence  of  a  pel-son  or  his  family,  though 
extending  over  a  series  of  years,  does  not  necessarily,  without  regard  to  his 
intentions,  make  him  lose  his  residence,  or  deprive  him  of  his  rights  as  an 
elector. — Ilarbaugh    v.    Cicott,    33  /  242.      See    also    notes    to    section    97. 

VOTING  TWICE:  One  who  has.  first  by  mistake,  voted  in  the  wrong  pre- 
einet.  and  upon  di-scovcring  his  mistake  has  requested  and  procured  the 
inspectors  to  withdraw  and  cancel  a  ballot  such  as  he  asserted  he  had 
voted,  has  no  right  afterwards  to  vote  again  in  bis  proper  precinct;  and  his 
second  vole   is   illegal. — Id. 

ELECTIVE  FRANCHISE  :  It  must  be  remembered  that  the  right  of  vot- 
ing is  one  which  cannot  be  taken  away  by  direct  law  or  impossible  condi- 
tions.— Warren    v.    Board    of    Registration,    72/309. 

OATHS:  Where,  by  the  law  under  which  an  election  is  held,  the  in- 
spectors are  to  receive  the  voter's  ballot  if  he  takes  the  oath  that  he 
possesses  the  constitutional  qualifications,  the  oath  is  the  conclusive  evidence 
on  which  the  inspectors  are  to  act,  and  they  are  not  at  liberty  to  refuse 
to  administer  it.  or  to  refuse  the  vote  after  the  oath  has  been  taken. — 
Wolcott    V.   Holcomb,   97/301;   People  v.   Cicott,   10/302. 

(162)     §  3635.     Sec.  25.     It  shall  be  the  duty  of  each  in-  Dutyotin- 
spiector  to  challenge  every  person  offering  a  ballot  whom  he  cPi^ie°n|e.° 


60 


STATE    OF    MICHIGAN. 


Manner  of 
voting,  etc. 


How  ballot 
marked  by 
voter,  etc. 


shall  know  or  suspect  to  be  disqualified  as  an  elector;  and  the 
board  of  inspectors  shall  possess  full  authority  to  maintain 
regularity  and  order,  and  to  enforce  obedience  to  their  law- 
ful commands  during  an  election,  and  during  the  canvass  of 
the  votes  after  the  poll  is  closed. 

(163)  §  3636.  Sec.  26.  When  an  elector  shall  not  be 
challenged  or  shall  have  taken  the  necessary  oath  or  aflflrma- 
tion  he  shall  be  permitted  to  vote.  On  entering  the  room  the 
inspector  having  charge  of  the  ballots  shall  deliver  to  him 
one  of  them,  and  the  clerk  shall  enter  his  name  upon  the  poll 
list,  together  with  the  number  of  the  ballot  given  him  and  on 
request  such  inspector  shall  give  explanation  of  the  manner 
of  voting,  if  deemed  necessary  by  the  board  an  interpreter 
may  be  called.  The  elector  shall  then  and  without  leaving 
the  room,  go  alone  into  the  booth,  which  is  unoccupied,  and 
indicate  the  candidate  or  candidates  for  whom  he  desires  to 
vote,  as  follows:  If  he  desires  to  vote  a  straight  ticket  he 
must  make  a  cross  (X)  in  the  circle  under  the  name  of  his 
party  at  the  head  of  the  ballot.  Nothing  further  need  be 
done.  Where  only  one  candidate  is  to  be  elected  to  an  office 
and  the  elector  desires  to  vote  for  a  candidate  not  on  his 
party  ticket  he  should  make  a  cross  in  the  circle  under  the 
name  of  his  party,  and  also  make  a  cross  in  the  square  before 
the  name  of  the  candidates  for  whom  he  desires  to  vote  on  the 
other  ticket.  In  such  case  it  shall  not  be  necessary  to  strike 
ofif  the  name  of  the  candidate  on  the  party  ticket  and  where 
two  or  more  candidates  are  to  be  elected  to  the  same  office, 
like  circuit  court  commissioners,  presidential  electors,  etc., 
and  the  voter  desires  to  vote  for  candidates  on  different 
tickets  for  such  office,  he  must  mark  a  cross  in  the  circle 
under  his  party  name,  and  mark  a  cross  in  the  square  before 
the  name  or  names  of  the  candidates  for  whom  he  desires  to 
vote  on  the  other  ticket  or  tickets,  and  also  erase  an  equal 
number  of  names  of  the  candidates  for  such  office  on  his 
party  ticket:  Provided,  That  if  such  elector  shall  not  cross 
off  the  names  of  an  equal  number  of  candidates  for  such  office 
on  his  party  ticket  he  shall  be  deemed  to  have  crossed  oft"  the 
name  of  each  candidate  for  such  office  which  is  printed  on  his 
party  ballot  opposite  of  a  candidate  on  some  other  party 
ticket  in  front  of  whose  name  he  has  made  a  cross  (X).  If 
the  elector  wishes  to  vote  for  a  candidate  not  on  any  ticket, 
he  must  write  or  place  the  name  of  such  candidate  on  his 
ticket,  opposite  the  name  of  the  office,  and  make  a  cross  in  the 
circle  under  the  party  name.  A  ticket  marked  with  a 
cross  in  a  circle  under  a  party  name  will  be  deemed  a  vote  for 
each  of  the  candidates  named  in  such  party  column  whose 
name  is  not  erased,  except  those  candidates  where  a  cross  is 
placed  in  the  square  before  the  name  of  some  opposing  candi- 
date on  the  opposing  ticket,  or  where  a  name  is  written  or 
pasted  on  the  party  ticket  of  some  candidate  whose  name  is 
not   printed    as  a  candidate  on  any  party   ticket.     In   case 


Proviso. 


To  vote  for 
candidates 
not  on  any 
ticket. 


What  deemed 
a  vote  for 
each  can- 
didate. 


LAWS    RELATING     TO    ELECTIONS.  61 


there  is  only  one  candidate  to  be  elected  to  any  oflBce,  the 
cross  in  the  square  before  the  name  of  the  candidate  on  the 
opposing  ticket  shall  be  deemed  one  vote  for  such  candidate. 
Where  there  are  two  or  more  candidates  to  be  elected  to  the 
same  or  like  office,  the  cross  before  the  name  of  the  opposing 
candidate  or  candidates,  shall  be  deemed  one  vote  for  such 
candidate  or  candidates,  provided  an  equal  number  of  names 
of  candidates  for  the  same  office  are  erased  or  can,  under  the 
provisions  of  this  section  be  deemed  to  have  been  erased,  from 
the  party  ticket.  If  the  name  of  any  person  who  is  not  a 
candidate  on  any  ticket  is  written  or  placed  on  the  party 
ticket  opposite  the  name  of  the  office,  and  there  is  a  cross  in 
the  circle  under  the  party  name,  the  name  so  written  or 
])laced  shall  be  counted  one  vote  for  the  person  so  mentioned, 
whether  the  original  name  on  the  party  ticket  is  erased  or 
not,  excepting  cases  where  there  is  a  cross  in  the  square  be- 
fore the  name  of  some  opposing  candidate  on  some  other 
party  ticket.  If  no  cross  is  placed  in  the  circle  under  the 
jiarty  name,  a  cross  in  the  square  before  the  name  of  any 
candidate  shall  be  deemed  a  vote  for  such  candidate  except 
ill  cases  where  the  elector  votes  for  more  candidates  for  the 
same  office  than  are  to  be  elected.  Such  elector  shall  also 
indicate  his  preference  on  any  constitutional  amendment  or 
other  questions  if  he  desires  to  vote  thereon,  by  making  a 
cross  (X)  in  the  square  in  front  of  the  words  "Yes"  or  "No" 
opposite  such  question.  Before  leaving  the  booth  the  elector  Elector  to 
shall  fold  his  ballot  so  that  no  part  of  the  face  thereof  shall  ^""^ '"'"°' 
he  exposed,  and  so  that  the  initials  of  the  inspector  shall  be 
on  the  outside  thereof,  and  on  leaving  the  booth  shall  at  once 
deliver  in  public  view  such  ballot  to  the  inspector  designated 
to  receive  the  same,  who  shall  thereupon  announce  audibly 
the  name  of  the  elector  offering  the  same,  and  the  number 
of  the  ballot,  and  shall  ascertain  by  comparison  of  the  num- 
ber of  the  ballot  with  the  number  of  the  ballot  given  such 
elector  as  shown  by  the  poll  list  whether  the  ballot  presented 
is  the  same  one  given  such  elector,  and  if  it  is  the  same  the 
inspector  shall  tear  off  the  corner  of  the  ballot,  where  per- 
foiated,  containing  the  number  and  shall  then,  in  the  pres- 
ence of  the  elector  and  the  board  of  inspectors,  deposit  the 
same  in  the  ballot  box  without  opening,  and  if  it  is  not  the 
same  ballot  given  said  elector  it  shall  be  rejected :  Provided,  Proviso 
however,  If  any  elector  shall  show  his  ballot  or  any  part 
(Iiereof  to  any  person  other  than  one  lawfully  assisting  him 
in  the  preparation  thereof,  after  the  same  shall  have  been 
marked  so  as  to  disclose  any  part  of  the  face  thereof,  such 
ballot  shall  not  be  received  or  deposited  in  the  ballot  box.  In 
case  such  elector  shall  so  expose  his  ballot  his  name  shall  be 
entered  on  the  poll  list  with  a  minute  of  such  occurrence, 
and  such  elector  shall  not  be  allowed  to  vote  thereafter  at 
such  election.  The  elector  shall  then  leave  the  room,  but  no 
elector  to  whom  the  ballot  has  been  delivered  shall  be  per- 


62  STATE    OP   MICHIGAN. 


mitted  to  leave  the  room  without  voting  such  ballot,  or  re- 
turning it  to  the  inspector  from  whom  he  received  it.  Any 
elector  who  shall  attempt  to  leave  the  room  with  a  ballot  or 
pencil  in  his  possession  shall  be  at  once  ari-ested  on  demand 
of  any  member  of  the  board  of  inspectors  if  he  shall  refuse 
to  deliver  the  same  upon  request. 

Am.    1901,   Act    214. 

SECRECY  OF  THE  BALLOT  :  The  inspectors  are  not  permitted  to  exam- 
ine the  ballots  as  handed  to  them,  so  that  where  they  are  folded  they  have 
no  means  of  ascertaining  how  a  person  votes,  and  after  the  ballot  is  once 
deposited  they  have  neither  the  opportunity  nor  authority  to  investigate  the 
matter. — Harbaugh  v.  Cicott,  33  /  251.  It  is  only  the  legally  qualified  voter 
who  is  protected  in  the  secrecy  of  his  ballot,  and  no  one  has  the  right  to 
inquire  or  make  known  the  contents  of  bis  ballot,  or  give  evidence  of  it 
without  his  consent.  Even  if  his  qualifications  are  questioned,  his  privilege 
remains  until  the  lack  of  qualifications  is  established,  either  by  his  own 
admission  or  otherwise. — People  v.  Cicott.  16  /  283  ;  Harbaugh  v.  Cicott. 
33  /  251.  The  aclion  of  the  chairman  of  the  board  of  inspectors,  in  re- 
ceiving and  depositing  in  the  ballot  box  the  ballots  of  13  unregistered  per- 
sons, and  the  ballots  of  a  large  number  of  persons  who  had  shown  them 
after  they  had  been  marked,  and  in  allowing  and  instructing  third  persons 
to  enter  the  voting  booths  witli  a  large  number  of  electors,  and,  after  their 
ballots  had  been  marked  by  sucb  third  persons,  depositing  them  in  the  bal- 
lot bos,  it  is  held  to  have  vitiated  the  vote  of  the  election  precinct. — Att'y 
Gen.    V.   McQuade,   94  /  439  :   Atfy  Gen.  v.    May,   99  /  544. 

ENTERING  BOOTll  ALONE  :  The  provisions  of  this  section  requiring  the 
elector  to  enter  the  booth  alone  and  prepare  bis  ticket  are  mandatory. — Att'y 
Gen.    V.    McQuade,    94/439.      See   sections   15S,    169   and    notes. 

ERASING  NAMES:  Under  this  section  as  originally  enacted  it  was  neces- 
sary for  the  elector,  when  voting  for  a  candidate  on  the  opposing  ticket,  not 
only  to  mark  the  name  of  such  candidate  with  a  cross,  but  also  to  erase  the 
name  of  the  candidate  on  the  voter's  own  ticket.  But  by  the  amendment 
of  1893  [see  Am.  of  1901]  the  legislature  dispensed  with  the  necessity  of 
the  erasure  of  the  name. — Att'y  Gen.  v.  Glaser,  102  /  402.  And  such  erasure 
is    permissible,    though    not    necessary. — Id.    405. 

SLIPS  P.\STED :  Slips  over  names  on  ballot,  when  void.  Where  a  slip 
is  so  placed  on  a  ticket  as  to  leave  on  it  two  distinct  names  as  candidates 
for  the  same  oflice,  the  ballot  is  rendered  bad  as  to  that  office  for  duplicity. 
But  where  an  attempt  is  made  to  cover  one  name  by  another  for  the  same 
office,  so  that  the  under  one  is  partially  obliterated,  the  slip  will  be  counted 
although  the  name  beneath  is  not  entirely  covered. — The  People  v.  Cicott. 
16/283.  Where  a  slip  is  pasted  over  a  name  so  as  to  partially  obliterate 
it,  the  slip  should  be  counted. — Keeler  v.  Robertson,  27/117.  This  section 
provides  that,  if  an  elector  wishes  to  vote  for  a  candidate  not  on  any  ticket, 
he  must  write  or  paste  the  name  of  such  candidate  on  his  ballot,  opposite 
the  name  of  the  office,  and  make  a  cross  in  the  circle  under  the  party  name, 
and,  if  no  cross  is  placed  in  such  circle,  a  cross  in  the  square  before  any 
candidate's  name  shall  be  deemed  a  vote  for  such  candidate,  except  where 
the  elector  votes  for  more  candidates  for  the  same  office  than  are  to  be 
elected.  Held,  that  the  pasting  of  respondent's  name  over  the  name  of 
relator  without  putting  a  cross  under  any  party  name  or  opposite  the  name 
of  respondent,  or  erasing  the  name  of  a  third  candidate  on  the  ballot,  was 
not   a   compliance  with    the   law. — People  v.   Fox,    114/652. 

MARKING  BALLOTS  :  Ballots  were  all  marked  with  a  blue  pencil  in  the 
circle  at  the  head  of  the  ticket.  In  one  instance,  it  looks  as  though  the 
voter  first  made  a  cross,  and,  thinking  be  had  not  marked  it  plainly  enough, 
repeated  the  marking  substantially  over  the  first  marking.  Two  other 
tickets  looked  as  though  they  might  have  "been  made  with  a  blue  pencil 
the  lead  of  which  was  so  broken  that  two  points  projected  so  as  to  make 
marks  upon  the  ballot ;  or  the  voter  may  have  made  the  cross  with 
a  down  and  up-stroke  in  making  each  mark.  There  is  nothing  in  the  mark- 
ing to  distinguish  the  ballot  from  other  ballots,  If  these  ballots  are  to  be 
rejected,  the  ballots  of  a  large  number  of  voters  who  do  not  have  occasion 
to  use  pen  and  pencil  very  often  would  have  to  be  rejected. — People  v. 
Kamps,  129  /  217.  A  ballot  marked  with  two  parallel  horizontal  lines 
across  the  circle  at  the  head  of  one  of  the  party  tickets  cannot  be  counted, 
the  statute  requiring  a  cross  as  the  designation  of  the  voter's  intent. — 
Christopherson    v.    Com.    Council,    117  / 125. 

SHOWING  BALLOT:  The  provision  that,  if  the  elector  shows  his  ballot 
after  preparing  it,  sucb  ballot  shall  not  be  received  or  deposited  in  the 
box,  is  mandatory. — Att'y  Gen  v.  May,  99  /  545.  And  receiving  and  de- 
positing in  the  ballot  box  a  large  number  of  ballots  so  shown  will  vitiate 
the  election   of   the   precinct. — .\tt'y   Gen.   v.    McQuade,    94  /  439. 

SEPARATE  BALLOT  BOXES :  Where  state  or  county  measures  are  to 
be  voted  on,  or  state  or  county  officers  to  be  elected  to  fill  vacancies,  at 
the  spring  election,  the  county  commissioners  must  prepare  the  ballot,  and 
in  such  cases  the  ballot  may  be  separate  from  that  of  the  township  and 
may  be  cast  in  a  separate  box. — Pock  v.  Supervisors,  102/356.  The  elector 
is  not  to   be  deprived  of  his   vote  by  either  the  mistake   or  the   fraud  of  the 


LAWS    RELATING    TO    ELECTIONS.  63 


Inspector  in  depositing  It  in  the  wrong  box,  if  the  intention  of  the  voter 
can  be  ascertained  with  reasonable  certainty.  Nor  should  ballots  be  rejected, 
though  they  may  have  got  into  the  wrong  box  by  the  honest  piistake  of 
the  voters  "themselves. — People  v.  Bates.  11/304.  When  a  voter  has  voted 
bv  mistake,  he  cannot  withdraw  his  ballot  and  vote  again. — Harbaugh  v. 
C'icott,   33/241. 

(164)  §  3637.     Sec.  27.    At  each  adjournment  of  the  poll,  aerksjto  coin- 
the  clerks  shall,  in  the  presence  of  the  inspectors,  compare  list™.  ^° 
their  respective  poll  lists,  compute  and  set  down  the  number 

of  votes,  and  in  case  the  same  do  not  agree  shall,  under  the 
direction  of  the  board,  correct  all  mistal^es  that  may  be  dis- 
covered, until  such  poll  lists  shall  be  made  in  all  respects  to 
correspond. 

(165)  §  3638.  Sec.  28.  The  ballot  box  shall  then  be  careofbaUot 
opened  and  the  poll  list  placed  therein,  tlie  box  locked,  and  ^°'''  ^^^'  ^"'• 
at  least  five  minutes  before  the  removal  of  the  same  a  piece 

of  leather  or  canvass  so  placed  as  to  extend  from  the  open- 
ing in  the  lid  of  said  ballot  box  to  the  key  hole  in  such  a 
manner  as  to  completely  cover  both  such  holes,  shall  be 
placed  thereon,  and  the  same  securely  fastened  thereon  with 
sealing  wax  stamped  with  the  official  election  seal  of  such 
township  or  ward,  such  piece  of  leather  or  canvass  and  the 
sealing  wax  to  be  so  arranged  as  to  render  it  impossible  to 
open  either  of  said  holes  without  breaking  said  seal.  The 
key  shall  then  be  delivered  to  one  of  the  inspectors,  the  box  to 
another,  and  the  seal  to  anotlicr.  Such  box  shall  not  be 
opened  nor  the  seal  broken  until  the  box  has  been  publicly 
exposed  at  least  five  minutes  before  the  reopening  of  the  poll. 

(166)  §  36.39.     Sec.  29.     The    inspector    having    the    key  Return  and 
shall  keep  it  in  his  possession,  and  deliver  it  again  to  the^o™'"""^ 
board  at  the  next  opening  of  the  poll,  and  the  inspector  hav- 
ing the  box  shall  carefully  keep  it  without  opening  or  suffer- 
ing it  to  be  opened,  or  the  seal  thereof  to  be  broken  or  re- 
moved, and  sliall  publicly  deliver  it  in  that  state  to  the  board 

of  inspectors  at  the  next  opening  of  the  poll,  when  the  seal 
shall  be  broken  and  the  box  opened,  the  poll  lists  taken  out, 
and  the  box  again  locked. 

(167)  §  3640.    Sec.  30.    No  ballot  sliall  be  distributed  by  Distribution 
any  person  other  than  one  of  the  inspectors  of  election,  nor  °'  ^auots. 
in  any  place  except  within  the  railing  of  tlie  voting  room,  to 
electors  about  to  vote  and  no  ballot  which  has  not  the  initials 

of  a  member  of  the  board  of  election  written  by  such  mem- 
ber on  the  back  thereof  shall  be  placed  in  the  ballot  box. 

(168)  §  3641.     Sec.  31.     Uniform  printed  instructions  to  printed  in- 
voters,  printed  in  large  type  upon  cards,  shall  be  furnished  fur'iigh'^d^. 
by  the  secretary  of  state  to  the  county  clerk  of  each  county, 
containing  any  information  that  will  enable  voters  to  quickly 

make  and  correctly  designate  their  dioice,  and  the  county 
clerks  shall  furni.sh  such  cards  to  the  city  and  township  clerks 
in  the  county.  Such  clerks  shall  furnish  such  cards  to  each 
polling  place,  one  of  which  shall  be  hung  in  each  compart- 
ment, two  in  the  polling  room,  and  three  on  the  outside  of 


64 


STATE    OF  .  MICHIGAN. 


Instructions 
in  foreign 
language. 


the  building  in  which  the  voting  takes  place.  Whenever  the 
clerk  of  any  county  notifies  the  secretarj'  of  state  that  the 
printed  instructions  are  also  needed  in  a  foreign  language, 
and  such  language  is  stated,  then  it  shall  be  the  duty  of  the 
secretary  of  state  to  furnish  such  printed  instructions  in  such 
foreign  language.  In  case  of  necessity  the  chairman  may  em- 
ploy an  intei'preter. 


Voting  by  in- 
capable 
persons. 


See   note   to    section   152. 

INTERPRETER  :      The   interpreter  cannot  be   allowed   to  remain  within  the 

railing  to  converse  with  the  voters  who  do  not  undertsand  English. — Att'y 
Gen,   V.   Stillson,   108/419. 

(169)  §  3642.  Sec.  32.  Wlien  an  elector  shall  make  oath 
that  he  cannot  read  English  or  that  because  of  physical  dis- 
ability he  cannot  mark  his  ballot,  or  when  such  disability 
shall  be  made  manifest  to  said  inspectors,  his  ballot  shall  be 
marked  for  him  in  the  presence  of  the  challenger  of  each  po- 
litical party  having  a  challenger  at  such  voting  place  by  an 
inspector  designated  by  the  board  for  that  purpose,  which 
marking  shall  be  done  in  one  of  the  booths. 

See   notes  to  sections  158  and  163. 

DISABLED  VOTERS :  The  provisions  of  this  section  relative  to  the 
marking  of  the  ballots  of  Illiterate  or  disabled  voters  are  mandatory. — -Att'y 
Gen.  V.  McQuade,  94/442;  McQuade  v.  Furgason,  91/438;  Att'y  Gen.  v. 
Hay,  99  /  545.  The  provisions  of  this  section,  with  those  of  section  181, 
are  intended  to  secure  the  entire  secrecy  of  the  ballot,  except  so  far  as 
is  absolutely  necessary  to  enable  such  electors  as  cannot  read  English  to 
have  assistance  in  marking  it.  The  only  test  of  the  ability  of  the  voter 
to  read  English  is  bis  oath.  No  other  test  is  permissible,  and  it  is  un- 
lawful for  any  inspector  to  assist  in  marking  a  ballot  for  any  elector,  until 
such  elector  shall  have  iirst  taken  the  oath. — Att'y  Gen.  v.  May,  99  /  544. 
At  the  expense  of  the  secrecy  of  the  ballot,  the  law  provides  a  method  of 
aiding  electors  who  are  physically  incapacitated  or  unable  to  read  English. 
It  does  not  deprive  those  voters  of  any  right,  but  rather  secures  to  them 
aid   in  voting  intelligently. — Id.   547. 


Unlawful  to 

influence 

voter. 


Voting  for 


(170)  §  3643.  Sec.  33.  It  shall  be  unlawful  for  the 
board,  or  any  of  them,  or  any  person  in  the  polling  room  or 
any  compartment  therewith  counected,  to  persuade  or  to  en- 
deavor to  persuade  any  person  to  vote  for  or  against  any  par- 
ticular candidate  or  party  ticket. 

(171)  §  3644.    Sec.  34.   If  the  elector  votes  for  more  than 
"eraon'"''"  "'"^  "^e  Candidate  for  the  same  oflQce,  said  ballot  shall  not  be 

counted  for  those  persons,  but  shall  be  as  to  them  null  and 
Spoiled  ballot  void.  If  any  elector  inadvertently  spoils  a  ballot  he  may  ob- 
tain another  from  the  board  by  returning  such  spoiled  ballot 
to  the  board,  who  shall  preserve  the  same  for  return  to  the 
city  or  township  clerk. 

The  only  instance  in  which  an  unnecessary  mark  is  recognized  as  possible 
is  in  above  section,  where  it  is  provided  that,  if  the  elector  votes  for  more 
than  one  person  for  the  same  office,  such  ballot  shall  not  be  counted  for 
those  persons,  but  shall  be,  as  to  them,  null  and  void. — Att'y  Gen.  v.  Glaser, 
102  /  401.  Distinguishing  marks  fraudulently  placed  on  the  ballots  after 
they  were  cast  do   not  vitiate  them. — Att'y  Gen.   v.   Blanck,   107  /  85. 

"°rve 'unused'        ^-"-^"^     §  ^^^^-     ^^^-  ^^-    "^^^  board  of  iuspectors  of  elec- 
baiiots.    ■        tion,  shall  preserve  the  unused  ballots  together  with  the  •bal- 
lots which  have  been  spoiled,  and  return  the  same  to  the  city 
or  township  clerk,  with  a  statement  of  the  number  of  ballots 


LAWS    RELATING    TO    ELECTIONS.  65 

used,  and  there  shall  be  given  by  the  elerk  to  the  inspectors 
of  election  a  receipt  therefor,  which  shall  be  filed  with  the 
chairman  of  the  board. 

(17;{)      §  3(;4f).     Sec.  3(>.    Immediately  on  closing  the  polls.  Canvass  of 
the  board  shall  ])roceed  to  canvass  the  votes.     Snch  canvass  conducted, 
shall  be  public  and  shall  commence  by  a  comparison  of  the 
poll  lists  and  a  correction  of  any  mistakes  that  may  be  found 
therein    until   they  shall   be   found   or   made  to   agi"ee.      The 
box  shall  then  be  opened  and  the  whole  number  of  ballots 
counted.     If  the  ballots  shall  be  in  excess  of  the  number  of 
the  electors  voting  according  to  the  poll  lists  they  shall  be 
replaced  in  the  box  and  one  of  the  inspectors  shall  publicly 
draw  out  and  destroy  so  many  ballots  thei-efrom  unopened 
as  shall  be  equal  to  such  excess.    They  shall  first  select  and  Counting  ot 
count  the  straight  tickets,  and  give  the  number  to  each  can- 
didate voted   for  on  the  straight  ticket.     All   other  tickets 
shall   be  laid  on  the  table  and  counted   in  regular  order  in 
such  subdivisions  thereof  as  may  be  convenient  for  a  prompt 
and  careful  determination  of  the  result  of  such  election.    In  what  baiiota 
the  canvass  of  the  votes,   any  ballot  which  is  not   indorsed  ™'  ' 
with  the  initials  of  the  inspector  as  provided  in  this  act,  and 
any  ballot  which  shall  bear  any  distinguishing  mark  or  mu- 
tilation shall  be  void,  and  shall  not  be  counted,  and  any  bal- 
lot, or  part  of  a  ballot,  from  which  it  is  impossible  to  deter- 
mine the  elector's  choice  of  candidates  shall  be  void  as  to  the 
candidate   or    candidates    thereby    allected:      Provided,    how-  Proviso, 
ever.  That  all  such  ballots  shall  be  ]>reser\ed,  marked  by  the 
inspectors  "not  ciuuited"  and  kept  separate  from  the  others 
by  being  tied  or  held  in  one  package  by  a  rubber  band  or 
otherwise. 

Spp  notes  to  sections  152,   350   and   163. 

IMMEDIATE  CANVASS:  The  provisions  tor  an  immediate  canvass  of 
the  hallots  were  expressly  designed  to  guard  asainst  fraudulent  tamperine 
with  votes  hefore  countins;. — People  v.  Sackett.  14/325.  The  election  law  is 
positive  that  the  official  count  of  the  ballots  shall  be  made  immediately, 
in  puhlic.  and  the  result  ascertained  and  declared  publicly,  and  an  official 
statement  made  of  the  result. — Keeler  v.  Robertson,  27/128-9.  But  the 
neglect  of  the  board  to  complete  the  canvass  on  the  night  of  the  election 
and  the  dating  of  their  report  on  the  ne.tt  day  ought  not  to  result  in  the 
disfranchisement  of  the  voters  and  should  not  be  so  held,  except  where  the 
plain   provisions    of    tlie   statute    require    it — Atfy   Gen.    v.    Glaser,    102  /  397. 

EXCESS  or  BALLOTS:  Atfy  Gen.  v.  May.  99  /  55G ;  People  v.  Cicott, 
16/283. 

DISTINGUISHING  MARKS:  Atfy  Gen.  v.  Mav.  99/566:  Atfv  Gen.  v. 
Glaser.  102/396:  Atfy  Gen.  v.  Howcroft,  107/8.'3.  The  evident '  intent  of 
this  provision  was  to  provide  against  voters  marking  the  individual  ballot 
which  they  cast  in  such  manner  as  to  distinguish  it. — Lindstrom  v.  Can- 
vassers.   94/471. 

BALLOTS  FOLDED  TOGETHER  :  Under  the  old  law,  if  two  or  more  bal- 
lots were  found  so  folded  together  as  to  present  the  appearance  of  a  single 
ballot,  both  wore  to  lie  destroyed;  thus  depriving  the  person  casting  them  of 
his  vole,  whether  the  folding  was  intentional  or  done  by  mistake. — Har- 
baugh   V.    Cicott.   33  /  241. 

DUTIES  MINISTERIAL:  The  duties  of  canvassing  boards  are  simply 
ministerial ;  their  whole  duty  consists  in  ascertaining  who  are  elected  and 
in  authenticating  and  preserving  the  evidence  of  such  election. — People  v. 
Van  Cleve,  1  /  3C6.  The  result  of  an  election  is  determined  by  the  ballot. 
The  evidence  contained  therein  is  the  foundation  of  the  statement  to  be 
prepared  by  the  inspectors.  They  cannot  go  behind  the  ballot  to  ascertain 
the  voter's  oualitications  or  intention. — People  v.  Tisdale.  1  Doug.  59;  People 
V.  Woodhull.  14/28:  Keeler  v.  Robert.son,  27/116.  The  evidence  of  the 
voter  himself  as  to  his  intention  is  not  admissihie. — People  v.  Iliggins,  3  / 
233.      See   also   People   v.   Cicott.    16/320;   People   v.   Board,    11/111. 

C.\NVASS  FINAL:     The   action  of  the   inspectors   is  final,  when  they  have 

9 


66 


STATE    OF   MICHIGAN. 


Disposition   of         (174 

ballots,  box 

etc. 


How  result 
declared. 


Triplicate 
statements. 


To  whom 
delivered 
or  mailed. 


Proviso. 


Powers  and 
duties  of  gate 
keepers. 


■finished  their  count  and  -'f,  "P^t'^Ut'^t'^heT^h??^  wuf  iVTJTln 
thereafter,  except  upon  ^"^^''^f*''™,/?"  i^a'de  the  basis  of  ofHcial  action.— 
court,  is  an  unlawful  act  and  cannot  '  e  mad«  ^^  „j  ^^^^^^„^  ^ave  completed 
Keeler  v.  Robertson,  SJ  /  l^J.  ,7, P™.  J"  ^eir  returns  to  the  proper  officer, 
their   count    and    <'^<'™t'^^,.^°f -f 'Xmpt  on   their  part   to  change  or   modify 

n74)  S  3647.  Sec.  37.  After  the  ballots  are  counted 
tljv  4-111  together  with  one  tally-sheet,  b'e  placed  m  the  bal^ 
fbo'x'vhidr  shall  be  securely  sealed  in  -eh  a  n.«  tha 
it  cannot  be  opened  without  breaking  snch  seal.  The  ballot 
ofsSl  then  be  placed  in  charge  of  the  township  or  city 
rWk  b  t  he  kevs  of  said  ballot  box  shall  be  held  by  the 
ciairman  of  the  board  and  the  election  seal  in  the  hands  of 
one  of  the  other  inspectoi-s  of  election. 

(175)     ?  3«48.    Sec.  38.  Immediately  after  the  count  of  the 
ticlis  or  ballots  has  been  completed,  the  result  and  the  nvjnv 
ler  of  votes  received  bv  each  candidate  or  person  on  the  ticket 
slnll  be  ,  nbliclv  declared  by  one  of  the  inspectoi-s.The  inspec^ 
tir    s^^li  thenW-e  a  statement  of  the  result  in  triplicate 
showino-  the  whole  number  of  votes  cast  for  each  office,  the 
names  of  the  persons  for  whom  such  votes  were  given  and 
;^"mimber'each  person  received,  in  -^'f  ^^^^f  J^^^^U/r 
^v•l.f.1p  number  of  votes  g  ven  for  each  office  and  the  numDer 
^vei  forS  per  Jon  shall  be  written  out  in  words  at  length 
Sudi     r  plicate^tatements,  when  certified  by  tHe  iBspectc,rs 
and  duly  signed,  shall  be  delivered  to  the  township  or  city 
Herk    and  shall  bv  said  clerk  be  delivered  in  person  with  n 
went^    out  iors  after  the  result  is  declared  or  nnnie^iately 
f^warded  by  registered  mail,  one  -P/ /°/^;,!^^^f  ^f  JJ^^^ 
state  at  Lansing,  Michigan,  one  copy  to  the  boaid  ot  couniy 
cSiva  sei  s!  in  cave  of  the  judge  or  register  of  P-J^  ^l/'j^ 
he  other    to-ether  with  one  of  the  original  ta^y  ^^f  t"^'  \<^ 
he    ountV  clerk,  which  said  statements  and  tay  sheets  sh    1 
be  placed  in   separate  envelopes  and  sealed  by  «aid  ^nspec 
tors^lfore  their  delivery  to  the  township  or  city  clerk     Pro- 
vided   That  the  copy  mailed  to  the  secretary  of  «+ate   shall 
oive  the  whole  number  of  votes  cast  for  each  candidate  foi 
pSidentral   elector,   congressman     stt.te  of^cei-^  niembej-   o 
the  legislature,  and  the  number  of  votes  cast  for  and  against 
each  constitutional  amendment. 

i"e-^'u?r^An^v''Nlt^is!'^lvil2rielUnap     v.     State     Canvassers,    95/155; 
Att'y   Gen.  v.    Glaser,   102  /  397. 

(176)  ?  3649.  Sec.  39.  The  gate  keepers  of  elections 
shall  be  peace  officers  at  polling  places,  and  are  berebf  J^J". 
gated  power  equal  to  constables  for  the  purpose  of  maintain 
mg  peace  and  quiet  at  the  polls  on  election  day.  They  shal 
have  charge  of  and  keep  the  gates  at  polling  places  and  shall 
nS  allow'^ny  person  to  approach  within  the  railing  provided 
for  in  section  sixteen,  except  those  authorized  by  law  ana 
qualified  electors,  whom  they  shall  allow  to  pass  through  the 
gates  and  approach  the  ballot  box  or  boxes  for  the  purpose  ot 


LAWS   RELATING    TO   ELECTIONS. 


voting;  and  they  shall  admit  one  elector  at  a  time  only  to 
vote,  and  .shall  cause  said  elector  to  retire  without  the  gate 
and  railing  as  soon  as  he  has  voted;  and  no  person  shall  in  Penalty  for 

lntcrisrsncc 

any  manner  interfere  with  a  gate  keeper  of  election  in  the  with. 

discharge  of  his  duty,  and  it  shall  be  unlawful  for  the  gate 

keepers  to  aid,  assist,  suggest,  advise  or  entreat  an  elector  to 

])repare  his  ballot  in  a  particular  manner,  or  to  coerce  or  at- 

tem])t  to  coerce  an  elector  in  any  way  to  vote  or  to  refrain 

from  voting  for  any  particular  person  or  party.     No  person  Eligibility  of 

shall  be  eligible  to  fill  the  office  of  gate  keeper  of  election  on  ^^  *^  eepers. 

any  election   day  ^^•hcn   his  name  shall    be  on  any  ticket  at 

said  election.     Gate  keepers  of  [elections]   election  shall  be 

at  the  polling  place  at  the  opening  of  the  polls,  and  shall 

remain  there  until  the  closing  of  the  polls,  and  shall  receive 

as  compensation  two  dollars  per  day   for  each  day's  work  Compensa- 

while  actually  engaged. 

(177)     §  .IGoO.     Sec.  40.    IS'o  election   shall   he  held,   nor  Elections  shall 
shall  any  election  be  appointed  to  be  held  in  any  saloon  or  in  saloons. 
barroom,  or  in   any  room  or  place   contiguous  with  or  ad- 
joining there! o.    Should  any  place  be  designated  or  appointed  when  i|jspe<='- 
for  holding  an  election  in  violation  hereof,  or  become  subject  pouing  place! 
(o  sncli  objection  after  having  been  so  designated,  Ihe  inspec- 
tors of  election  shall  have  power,  and  it  shall  be  their  duty, 
on  or  before  the  day  of  such  election,  and  before  the  open- 
ing of  the  polls  on  such  day,  to  procure  a  suitable  place  as 
near  thereto  as  mav  be,  not  subject  to  like  objection.     Said  inspectors  to 
iiisjx'cldis  shall  meet  at  the  place  first  designated  at  tlie  time 
foi-  ojiening  the  poll,  and  after  any  vacancies  in  their  num- 
Ikt  ^hall    have  been   filled,   adjourn  to  the  place  chosen  by 
them,  and  at  the  time  of  said  adjournment,  give  public  notice  Notice  of 
lo  the  electors  present  by  proclamation  of  such  change,  and  "^  ^"^^' 
I>ost  in  a  consjncuous  manner  notice  of  the  place  where  such 
election  shall  be  held,  and  all  expense  attending  such  change 
shall  be  certified  by  said  inspectors  to  the  proper  authorities 
and  shall  be  allowed  and  paid  accordingly. 

The  adjournment  of  an  election  in  sood  faith  from  one  polling  place  to 
another  is  at  most  an  irregularity,  unless  it  prevents  persons  from  voting 
or  prejudices  the  rights  of  candidates :  and  such  an  irregularity  will  not 
sustain  proceedings  in  the  nature  of  quo  warranto  against  the  successful 
candidate,  in  the  absence  of  any  showing  that  If  the  change  had  not  been 
made  the  result  would  have  been  different. — Farrington  v.  Turner,  53  /  27. 

(17S)     §  3651.     Sec.  41.     Any  person  or  persons  introduc-  Liquors, hring- 
ing  in  any  way,  upon  election  day,  into  the  building  where  ISfsdemeanor.* 
an  election  is  being  held,  any  spirituous  or  malt  liquors,  and 
any  inspector  or  clerk  of  election  drinking  any  such  liquors 
in  such  ])lace,  or  being  intoxicated  therein  upon  election  day, 
shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  convic-  Penalty  for. 
(ion  thereof  before  any  court  of  competent  jurisdiction,  shall 
be  j)unished   by   a   fine  not  exceeding  one  hundred  dollars, 
or  by   imprisonment  not   exceeding  sixty  days,  or  by  both 
such  fine  and  imprisonment,  in  the  discretion  of  the  court. 

(179)     §  ;}(>5l'.     Sec.  42.     The  board  of  election  may  make  Time  voter 
such  regulations  as  tJiey  deem  proper,  limiting  the  time  in  S'^^ooth.'''" 


68 


STATE    OF    MICHIGAN. 


which  an  elector  may  remain  in  the  room  or  bootli  while  pre- 
jiaring-  and  votius  his  ballot;  such  limitation,  however,  shall 
not  be  less  than  one  nor  more  than  five  minutes. 

See    section   612. 

The  provisions  of  this  section  authorizing  the  board  of  elections  to  limit 
the  time  whirli  a  voter  may  remain  in  the  room  or  hooth  while  preparing 
nnd  volin?  his  ballot  is  applicable  to  elections  in  cities  as  well  as  towns, 
and  it  is  the  imperative  duty  of  such  boards  to  limit  the  time  as  provided 
in  said  section. — Common  Council   v.   Rush,  82  /  533. 


Unlawful  for 
candidate  to 


(ISO)  §  3G53.  Sec.  43.  It  shall  not  be  lawful  for  any 
aid  his  eiec-  candidate  for  any  elective  office  with  intent  to  promote  his 
tion  in  certain  election,  or  for  anv  other  person  with  intent  to  promote  the 

manner.  i      x-  «  'i  tj    j.        -xi 

election  or  any  such  candidate  either: 

First,  To  provide  or  furnish  entertainment  at  his  expense 
to  any  meetinjj  of  electors  previous  to  or  during  the  election 
at  which  he  [shall]  may  be  a  candidate;  or 

Second,  To  pay  for,  procure,  or  engage  to  pay  for  any  such 
entertainment;  or 

Third,  To  contribute  money  for  any  other  purpose  Intended 
to  promote  an  election  of  any  particular  person  or  ticket, 
except  for  the  defraying  the  expenses  of  office  room  or  hall 
rent,  postage,  stationery  and  clerk  hire,  music  at  public  meet- 
ings, the  iiay  and  expense  of  ]>ublic  speakers,  transportation 
of  conimitteemeu,  the  pay  of  challengers  at  the  ])olls  and  of 
persons  to  inspect  the  registration  of  voters  and  of  persons 
employed  to  make  lists  of  the  votes  in  election  precincts, 
and  of  printing,  and  the  circulation  of  handbills  and  other 
]iapers  previous  to  any  such  election,  or  for  conveying  electors 
to  the  polls. 

Section   44    is  repealed   by   Act   61    of   1901. 


Violation  of 
act  to  be 
felony. 


Penalty. 


(181)  §  3055.  Sec.  45.  Any  person  who  shall  knowingly 
violate  any  of  the  provisions  of  this  act,  or  shall  wilfully 
neglect  or  refuse  to  perform  any  duty  enjoined  ui)on  him  here- 
by, or  shall  disclose  to  any  other  person  the  name  of  any  can- 
didate voted  for  by  any  elector,  the  contents  of  whose  ballot 
shall  have  been  seen  by  such  jierson,  or  shall  in  any  manner 
obstruct  or  attempt  to  obstruct  any  elector  in  his  exercise 
of  his  duties  as  such  elector  under  this  act,  shall  be  deemed 
guilty  of  a  felony,  and  on  convictioii  thereof  shall  be  pun- 
ished by  a  fine  not  exceeding  one  thousand  dollars,  or  im- 
prisonment in  the  state  prison  not  exceeding  two  years,  or 
by  both  such  fine  and  imprisonment,  in  the  discretion  of  the 
couit. 

Section  46  repeals  all  acts  or  parts  of  acts  contravening  the  provisions  of 
this  act. 

McLaushlin  v.  Burroushs,  00/314;  Att'y  Gen.  v.  McQuade,  04/442; 
Att'y  Gen.  v.   May,  09  /  544. 


Opening  and         (182)     §  3656.    Sec.    47.    At  the  general  election  to  be  held 

poila"^"  ill  this  state  on  the  first  Monday  of  April,  eighteen  hundred 

and  ninety-three,  or  in  any  second  year  thereafter,  the  polls 

of  such  election   in  townships  and  cities,  shall,  for  all  pur- 


LAWS    RELaTIKG    to    elections.  09 


poses,  open  and  close  at  the  times  herein  prescribed  for  tlie 
opening  and  closing  of  polls,  anything  in  act  number  one 
hundred  and  ninety-four  of  the  public  acts  of  eighteen  hun- 
dred and  ninety-one,  or  in  any  other  statute,  local  or  general, 
to  the  contrary  notwithstanding:  Trovided,  That  this  sec-  Proviso. 
tion  shall  not  be  construed  as  forbidding  a  noon  adjournment 
iu  townships. 

For  Act  194  of  1891,  see  sections  231-233. 

(183)       §  3G57.      Sec.  48.      AYhenever  any  constitutional  constitutional 
amendments  or  other  questions  are  proposed  to  be  submitted  on^feparat'e^ 
to  the  electors,  the  board  of  election  commissioners  of  each  taiiot. 
county  shall  cause  them  all  to  be  printed  on  one  ballot,  sepa- 
rate  and   distinct  from   the   ballot  containing  the  names  of 
nominees  for  public  office,  the  substance  of  each  amendment 
or  other  question  to  be  clearly  indicated  upon  said  ballot  by 
a  suitable  designation  in  distinct  and  easily  legible  type,  with 
the  words  "yes"  and  "no''  ]»rinted  below  it  in  separate  lines. 
The  elector  shall  designate  his  vote  on  each  separate  ques  How  vote 
tion  submitted  by  a  cross  mark  (X)  placed  opposite  the  word    "^^'^"^'^ 
"yes"   or  the  word  ''no"  under  such   question  in   a   suitable 
place  provided   therefor.     The  said  ballots  shall  be  of  uni- 
lorm  size  and  of  the  same  quality  of  white  paper,  and  suffi- 
ciently thick  that  the  printing  cannot  be  distinguished  from 
the  back.    They  shall  be  delivered  to  the  inspectors  and  elect- 
ors, and  voted  and   canvassed  in  all  respe.cts  in    the    same 
manner  and  subject  to  the  same  regulations,  restrictions  and 
jienalties  heretofore  provided  in  this  chapter  for  the  ballots 
contaiuing  the  names  of  the  nominees  for  public  oflices,  except 
that  separate  Iiallot  boxes  shall  be  kept  and  used,  the  box  How  ballot 
for  the  deposit  of  the  ballots  for  nominees  being  designated  ^°^^^  marked. 
by  the   words  "public  officers,"   plainly   printed  or  painted 
thereon,  so  as  to  be  readily  seen  by  each  elector,  and  the  box 
for  the  deposit  of  ballots  for  constitutional  amendments  and 
other  questions  to  be  designated  by  the  words  "propositions 
submitted"  in  the  same  manner. 

See   sections   634-5. 


AN  ACT  TO  PROVIDE  FOR  HOLDING  GENERAL  AND  SPECIAL 

ELECTIONS. 

(CONTINUED.) 

[Act    175,    S.    L.    1851.] 

POLL    LISTS. 

(184)     §  3fiGl.     Si:c.   42.     One  of   the  poll   lists   shall   be  poU lists  to  uo 
delivered  to  the  township  clerk,  and  the  other  to  the  county  ^^^'^'  *'*''• 
clerk,  which  lists  shall  be  filed  and  preserved  by  them  in  their 
respective  offices.    In  a  city,  the  ballots,  and  one  of  such  poll 


70 


STATE    OP    MICHIGAN. 


lists  and  statenieiits,  shall  be  delivered  to  the  city  clerk,  and 
shall  be  kept  and  preserved  by  him. 

Disposition  of  tally  sheets   and   inspectors'   statements,  see   section   175. 

Sections  43  to  4S  of  tlais  act  relate  to  the  board  of  county  canvas.sers,  its 
organization  and  meeting,  and  are  deemed  to  have  been  superseded  by  Act 
149   of  1895.     For  this  act  of  1S95,  see  sections  240-252. 


Separate 
statement  of 
votes  for  cer- 
tain offices. 


Idem. 


What  state- 
ment to  con- 
tain. 


Statement  to 
be  recorded, 
etc. 


STATEMENTS   OF   CANVASS. 

(185)  §3675.  Sec.  49.  They  shall  make  a  separate  state- 
ment, containing  the  whole  number  of  votes  given  in  such 
county,  for  the  oiFices  of  governor,  lieutenant  governor,  sec- 
retary of  state,  state  treasurer,  auditor  general,  attorney  gen- 
eral, superintendent  of  public  instruction,  commissioner  of 
the  state  land  office,  and  members  of  the  state  board  of  edu- 
cation, the  names  of  the  persons  to  whom  such  votes  were 
given,  and  the  number  of  votes  given  to  each ;  another  similar 
statement  of  the  votes  given  for  electors  of  pi'esident  and 
\ice  president  of  the  United  States,  each  year  in  which  such 
electors  are  to  be  cliosen;  another  similar  statement  of  the 
votes  given  for  representative  in  congress;  another  of  the 
votes  given  for  senator,  when  the  county  alone  does  not  con- 
stitute a  senatorial  district;  another  of  the  votes  given  for 
representative  in  tlie  state  legislature,  when  the  county  alone 
does  not  constitute  a  representative  district;  another  of  the 
votes  given  for  senator  or  representative,  when  the  counly 
alone  constitutes  but  one  senatorial  or  representative  dis- 
trict; and  another  of  the  votes  given  for  countv  officers. 

(180)  §  3676.  Sec.  50.  The  several  senatorial  and  rep- 
resentative district  canvassers  shall,  where  a  count.y  is  di- 
vided for  such  purposes,  also  make  a  statement  of  the  whole 
number  of  votes  given  in  each  respective  district  for  the  office 
of  .senator  or  representative,  or  both,  as  the  case  may  Ix', 
which  several  statements  shall  set  forth  the  number  of  each 
of  such  districts,  the  number  of  votes  given  to  each  of  tlie  per- 
sons voted  for  in  each  of  such  districts,  respectively. 

(187)  §  3077.  Sec.  51.  In  each  of  said  statements,  the 
whole  number  of  votes  given,  the  names  of  the  candidates, 
and  the  number  of  votes  given  to  each,  shall  be  written  out 
in  words  at  length;  and  each  statement  shall  be  certified  as 
correct,  and  attested  by  the  signatures  of  the  chairman  and 
secretary  of  the  respective  boards,  and  a  copy  of  each,  thus 
certified  and  attested,  shall  be  delivered  to  the  county  clerk, 
and  recorded  by  him  in  a  suitable  book,  to  be  provided  by 
him  for  that  purpose,  at  the  expense  of  the  county,  and  ke]it 
in  his  office. 

Rich  V.    State   Canvassers,   100  /  461. 


Determina-  (188)     §  3678.     Sec.  52.     The  county  and  district  boards 

rfperJons"'^    ''^li'ill    <''t''i    determine   the   persons   who   have   been,   by   the 

elected.  greatest  nunilier  of  votes,  elected  to  the  county  offices,  and 

members  of  the  legislature,  wlien  the  county  alone  constitutes 

one  or  more  senatorial  or  representative  districts,  and  such  de- 


] 

! 


LAWS    RELATING    TO    ELECTIONS.  71 

terminations  shall  be  certified  and  attested  by  the  chairman 
and  secretary  of  the  respective  boards,  and  be  annexed  to  the 
statement  of  votes  given  for  such  officers  respectively,  and 
shall  be  recorded  with  such  statements  by  the  county  clerk 
in  his  office :  Provided,  That  in  elections  for  members  of  the  Proviso, 
legislature,  or  county  officers,  if  it  shall  appear  on  the  legal 
canvass  of  the  votes  polled  at  such  election,  that  two  or  more 
persons  have  received  an  equal  number  of  votes  for  the  same 
office,  and  that  a  failure  to  elect  to  any  office  is  caused  there- 
by, such  iMjrsous  shall  proceed  to  draw  lots  for  the  election 
to  said  office  in  the  following  manner:  The  board  of  can-  Proceedings 
vassers  for  the  county  or  district  in  which  such  election  was  more  persons 
held  shall  appoint  a  day  for  the  appearance  of  all  such  per-  nSmbt?"f 
sons  before  the  proper  officer  hereinafter  provided,  for  the  votes. 
l)urpose  of  determining  by  lot  among  such  persons  the  righl 
to  such  office,  and  shall  cause  notice  thereof  to  be  given  to  all 
such  persons  interested.  The  officer  before  whom  such  draw- 
ing is  to  take  place  shall  prepare  as  many  slips  of  paper  as 
there  are  such  persons,  and  write  the  word  "elected"  on  as 
many  slips  of  jiaper  as  there  are  offices  to  be  filled,  and  the 
words  "not  elected"  on  tlie  remaining  slips,  and  fold  the  same 
so  as  to  conceal  the  writing,  and  so  that  they  may  appear  as 
nearly  alike  as  possible.  Said  slips  shall  be  placed  in  a  box", 
and  at  the  time  and  place  ap])ointed  for  the  drawing  of  said 
lots,  each  of  such  persons  aforesaid  may  draw  one  of  said 
slips  from  the  box;  and  any  such  pereon  drawing  a  slip  on 
which  is  written  the  word  "elected,"  shall  be  deemed  legally 
elected  to  the  office  in  question ;  and  the  officer  conducting 
such  drawing  shall  forthwith  give  him  a  certificate  of  sucli 
election.  If  the  drawings  under  the  provisions  of  this  section 
are  for  the  office  of  senator  or  representative  in  the  state  leg- 
islature, and  the  district  exceeds  the  limits  of  a  single  county, 
then  the  drawing  sliall  tal^e  jilace  before  the  county  clerk  of 
the  county  where  the  district  canvass  is  held ;  in  all  other 
cases  before  the  county  clerk  of  tlie  county  where  each  case 
shall  ari.se :  Provided  further.  That  in  cases  where  the  office  Further 
of  county  clerk  is  in  question,  the  drawing  shall  take  place  ''™^""'- 
before  the  sheriff  of  the  county. 

DUTIES  MINISTEniAL:  As  to  the  ministerial  nature  of  tlie  duties  of 
canvassing   boards,   see  note   to   section    173. 

DETER.MINATION  OF  ELECTION:  No  one  is  elected  to  an  office  unles.s 
he  receives  more  votes  than  anj'  other  person,  whetlier  there  is  in  fact  any 
such  other  person  in  existence  who  can  talie  the  oflice.  A  minnrity  candi- 
date can  never  he  deemed  elected. — People  v.  Molitor.  2."!  /  342.  The  deter- 
mination and  statement  of  the  board  of  canvassers  are  not  a  Judgment,  nor 
are  tlie,v  conclusive.  The  statement  is  hut  prima  facie  evidence  and  in  a 
contested  election  a  party  may  go  behind  it.  The  county  canvass  may  l)e 
corrected  by  the  township  canvasses  and  those  by  the  ballots  themselves. — 
I'eople  V.  Vap  Clove,  1  /  364  ;  People  v,  Cicott,  IG  /  283  :  Keelcr  v,  Robertson. 
27/116;  Harhaugh  v,  Cicott,  33/2.51,  It  is  true  that  the  certificate  of  the 
canvassers  is  the  authority  upon  which  the  person  who  receives  it  enters 
upon  his  oflice  and  it  is  to  bim  prima  facie  evidence  of  his  title  thereto, 
Whetlier  rightfully  or  wrongfully  given  by  the  canvassers,  it  confers  the 
right  to  hold  the  office  until  that  right  is  voluntarily  surrendered  or  de- 
feated by  a  judicial  determination  against  it. — People  v.  Van  Cleve,  1/366; 
People  V.  Mayworm,  5/146;  People  v.  Miller.  16/59.  See  Wayne  Auditors 
V.    Benoit.    20  /  176  ;    People    v.   Marion,    29  /  38. . 

DRAWING  LOTS :  This  provision  of  law  cannot  be  construed  as  a  regu- 
lation  under    the   power   of    the    legislature   to    declare    and    flU    vacancies;    it 


72 


STATE    OF    MICHIGAN. 


applies  to  cases  where  no  vacancy  in  fact  exists.  The  result  reached,  when 
followed  by  a  formal  drawing,  is  not  conclusive  upon  the  candidates  and  the 
public ;  and  the  effect  to  be  given  to  a  certificate  granted  under  these  pro- 
visions is  no  greater  than  to  one  granted  under  other  provisions. — Keeler 
V.  Robertson.  27/116.  In  case  of  the  inability  of  the  sheriff  to  conduct  a 
drawing  it    may    be  conducted   by   his   deputy. — Evans   v.    Sutherland,   41/177. 


Duplicate 
statement  of 
votes  for  sen- 
ator, etc. 


(189)  §3079.  Sec.  53.  The  said  board  shall,  wilhout  de- 
lay, make  a  duplicate  statement  of  the  votes  given  fur  sena- 
toi",  when  the  county  alone  does  not  constitute  a  senatorial 
district,  and  deliver  the  same  to  the  clerk  of  the  county,  to  be 
delivered  by  him  to  the  senatorial  district  canvassers.  Said 
board  shall  also  make  a  duplicate  statement  of  votes  given 
tor  representative  in  the  state  legislature,  when  the  county 
alone  does  not  constitute  a  representative  district,  and  deliver 
the  same  to  tlie  said  clerk,  to  be  by  him  delivered  to  the  rep- 
resentative district  canvassers. 

Section   54   is  superseded  by  section  6,   Act  149  of  1895,  see  section  245  of 
this   compilation. 

Rich  V.  Bd.    of  CanT.issers,   100/461. 

Certificate  of         (190)     §  3GS0.     Sec.  55.     He  Shall  also  prepare  as  many 
determination  oertified  copics  of  cach  Certificate  of  the  determination  of  the 

to  persons  ' 

elected.  board  of  county  canvassers,  as  well  as  of  the  several  nistrict 

canvassers,  if  such  county  shall  be  divided  for  representa- 
tive purposes,  as  there  are  pei'.sons  declared  in  such  certifi- 
cates to  be  elected,  and  shall,  without  delay,  deliver  one  of 
such  copies  to  each  person  so  declared  to  be  elected. 

"He"  refers  to  the  county   clerk. 
Hilton  V.   Common  Council,   112  /  500. 


Clerk  to  trans- 
mit list  of  rep- 
resentatives 
and  county  of- 
ficers to  secre- 
tary of  state. 


Votes  for 
and  against 
amendment  to 
constitution. 


(191)  §  3681.  Sec.  5G.  The  county  clerk  shall,  within 
thirty  days  after  a  general  election,  transmit  to  the  secretary 
of  state  at  Lansing,  a  list  of  the  members  of  the  legislature, 
elected  in  the  county,  designating  both  the  senators  and  I'epre- 
.'^entatives  by  their  respective  districts,  and  also  a  list  of  all 
the  county  officers  elected  in  such  county  at  such  election  to- 
gether with  the  respective  postoffice  addresses  of  all  such 
senators,  representatives,  and  county  officers. 

(192)  §  3682.  Sex:.  57.  Whenever  any  amendment  shall 
have  been  proposed  to  the  constitution,  and  agreed  to,  and 
submitted  to  the  people,  pursuant  to  the  provisions  of  the 
constitution,  the  votes  of  the  electors  for  and  against  such 
amendments  shall  be  taken,  canva.s.sed,  certified,  and  re- 
corded, and  certified  copies  of  the  statement  thereof  shall  be 
made  and  transmitted  by  the  several  county  clerks  to  the 
governor,  secretary  of  state,  and  state  treasurer,  within  the 
same  time  and  in  the  same  manner  as  the  votes  for  state  offi- 
cers are  hj  law  required  to  be  taken  and  canvassed,  and  the 
statements  thereof  to  be  certified,  recorded,  and  transmitted. 
But  when  any  proposed  amendment  shall  be  submitted  to  the 
people  at  a  spring  election,  the  county  canvass  thereof  shall 
be  on  the  second  Tuesday  succeeding  such  election. 

Sec.    58    repe.iled   1913,   Act    55. 

Att'y  Gen.  v.  .Tochim,  99/358;  Rich  v.   State  Canvassers.  100/461. 


LAWS   RELATING    TO    ELECTIONS.  73 


DISTRICT   CANVASS. 

(193)  §  3684.     Sec.  59.     In  each  election  district  for  the  District  can- 
election  of  a  senator  or  representative  in  the  state  legislature,  ^''''^«"- 
the  limits  of  which  shall  be  greater  than  those  of  a  county, 

there  shall  be  a  board  of  district  canvassers,  and  the  clerks 
of  the  several  counties  within  the  district,  the  judge  of  pro- 
bate, and  the  sheriff  of  the  county  in  which  the  meetings  of 
the  board  are  to  be  held,  shall  constitute  such  board. 

(194)  §  36S5.     Sec.  GO.     Any    three    of    said    canvassers  Quorum  ot 
shall  be  a  quorum  for  the  transaction  of  the  business  of  said  ^°'^^'^- 
board;  and  in  case  there  shall  not  be  three  of  the  members 

fif  such  board  present  at  any  such  meeting,  the  register  of 
deeds  or  the  county  treasurer  of  the  county  where  any  such 
meeting  is  appointed  to  be  held,  or  both  of  them,  may  act  as 
members  of  such  board ;  and,  with  the  other  members  in  at- 
tendance, shall  constitute  a  board  of  not  less  than  three  in 
number. 

(193)  §  36S6.  Sec.  61.  The  board  shall  meet  in  the  dis-  Times  and 
ti'ict  for  the  election  of  a  representative  in  the  state  legisla-  j^eetfng' 
ture,  on  the  Tuesday  next  after  the  day  on  which  the  county 
canvass  is  appointed  to  be  made,  and  in  districts  for  the  elec- 
tion of  senators,  on  the  third  Tuesday  after  the  county  can- 
vass, at  the  oflice  of  the  clerk  of  the  county  in  such  district 
having  the  greatest  number  of  inhabitants,  according  to  the 
last  preceding  census,  unless  otherwise  provided  by  law. 

See  sections  636-638. 

(196)  §  36S7.     Sec.   62.     If  either  of  the   county  clerks  original  atate- 
shall  be  unable  to  attend  such  canvass  on  the  day  appointed  ™g{°'|  ^o^^j 
therefor,  he  shall,  on  or  before  that  day,  cause  to  be  delivered 

at  the  office  of  the  clerk  of  the  county  in  which  such  meeting 
is  to  be  held,  the  original  statement  of  votes  given  in  his 
county  for  the  officer  to  be  elected  in  such  district,  which 
statement  shall  be  laid  before  said  board. 

(197)  §  36SS.     Sec.  63.     The  canvassers  shall  then  pro-  proceedings 
ceed  to  examine  the  statement  of  the  votes  given  in  the  sev-  of  canvassers. 
cral   counties    in   the  district,    and   ascei'tain    and   detennine 

what  persons  have  been  elected,  and  to  what  oflices,  and  shall 
draw  up  a  statement  thereof  in  words  at  length,  which  state- 
ment shall  contain  the  whole  number  of  votes  given  in  the 
district  for  each  office,  and  the  names  of  the  persons  to  whom 
such  votes  were  given;  and  such  statement  shall  he  certified 
to  be  correct,  and  to  be  subscribed  by  the  said  canvassers,  or 
a  majority  of  them. 

(198)  'j;  3689.  Sec.  64.  The  canvassers  shall  then  deter-  Board  to  de- 
mine  the  per.sons  elected  to  the  several  offices  within  the  dis-  so^elected. 
trict,  as  shall  appear  by  such  statement,  and  shall   certifv  and  deliver ' 

*    cprtiflcat6  to 

such  determination  under  their  hands,  and  annex  the  same  to  county  clerk, 
their  said  statement,  and  deliver  the  same  to  the  clerk  of  the 
county  in  which  their  meeting  shall  be  held,  who  shall  file  the 
same  in  his  oflSce;  and  said  board  shall  cause  a  copy  of  such 


74 


STATE    OF    MICHIGAN. 


statement  and  certificate  to  be  forthwith  published  in  some 
newspaper  printed  in  the  district. 

In  canvassing  the  votes  for  state  senator,  the  board  has  no  jurisdiction 
to  determine  whether  a  candidate  was  inelijrible  because  holding  the  office 
of  prosecuting  attorney,  and  reject  votes  cast  for  such  Ineligible  candidate. 
— ^.Vtt'v    Gen.   V.    Bd.   of   Canvas.scrs,    155  /  44. 


Duty  of 
county  clerk 
in  relation 
to  statement, 
etc. 


(199)  §  3G90.  Sec.  Go.  The  county  clerlv,  by  whom  the 
said  statement  and  certificate  tlicreto  annexed  shall  be  filed, 
shall,  without  delay,  transmit  by  mail  to  the  secretary  of 
state,  a  copy  of  such  statement  and  certificate  of  determina- 
tion, certified  by  him  under  his  hand  and  seal  of  office;  and 
he  shall  also,  without  delay,  prepare  and  certify  as  many 
copies  of  such  certificate  of  determination  as  there  are  per- 
sons stated  therein  to  have  been  elected,  and  cause  one  of 
said  copies  to  be  delivered  to  each  person  so  determined  to 
be  elected. 

See  section  2.53  which  provides  a  special  canvass  of  votes  cast,  to  fill 
vacancies  in  office  of  state  senator  and  representative,  during  a  session  of 
the  legislature. 


State 
canvassers. 


Secretary  of 
state  to 
record  state- 
ments. 


When  to  call 
on  governor 
and  state 
treasurer  for 
statement. 


STATE   CANVASS. 

(200)  §  3692.  Sec.  6(5.  The  secretary  of  state,  the  state 
treasurer,  and  the  commissioner  of  the  state  land  ofiBce  shall 
constitute  the  board  of  state  canvassers,  any  two  of  whom 
shall  be  a  quorum  for  the  transaction  of  business;  and  if 
only  one  of  said  ofiicers  shall  attend  on  the  day  appointed 
for  a  meetiui^  of  the  board,  the  auditor  general,  on  being- 
notified  by  tlie  officer  so  attendinjr,  shall,  without  delay,  at- 
tend with  such  officer,  and  with  him  shall  form  the  board. 

STATE  CANVASSERS:  See  sections  34  and  75.  The  only  duties  of  the 
board  of  state  canvassers  are  to  canvass  the  returns  and  determine  and 
certify  the  result  of  elections.  Tlieirs  is  the  culminatinc  act  of  tbe  army 
of  persons  who  have  had  to  do  with  the  receiving  and  counting,  recordini;  and 
transmitting,  of  the  votes  which  signify  the  will  of  the  people.  Their  duties 
are  specifically  pointed  out.  The  times  when  they  are  to  meet  are  pro- 
vided by  law.  No  provision  is  made  for  deputies  or  clerks,  but  all  goes 
to  show  that  this  important  duty  is  to  be  performed  by  thom  in  person, 
as  the  certificate  signed  by  them  asserts.  It  is  not  confided  to  inferior  offi- 
cials, but  to  three  of  the  state  officers  of  greatest  dignity  and  importance. 
— Atfy   Gen.   v.    Jochim,    99  /  376. 

(201)  §  3693.  Sec  G7.  The  secretary  of  state,  on  the  re- 
ceipt of  the  certified  copies  of  the  statement  of  votes  given  in 
the  several  counties,  directed  by  law  to  be  sent  to  him  by  the 
county  clerks,  shall  record  the  same  in  a  suitable  book  to  be 
kept  by  him  for  that  purpose;  and  if  from  any  county  clerk 
no  such  statement  shall  have  been  received  by  the  secretary 
of  state,  on  or  before  the  second  Monday  of  December  next 
after  a  general  election,  and  on  or  before  the  thirtieth  day 
after  a  special  election,  he  shall  call  upon  the  governor  and 
state  treasurer,  and  receive  from  them,  or  either  of  them,  the 
statement  from  such  county  [clerk],  if  the  governor  or  state 
treasurer  shall  have  received  such  statement. 

The  word  "clerk"  in  the  next  to  the  last  line  does  not  appear  in  the 
original  print  of  this  act ;  but,  since  the  context  requires  the  word  and  it 
has  been  Inserted  in  the  former  compilations,  it  has  been  allowed  to  remain 
in   this. 

Newton   v.    Hoard   of  Canvassers,  94  /  455. 


LAWS    RELATING    TO    ELECTIONS. 


(202)  §  3G94.     Sec.  2.     The  secretary  of  state,  on  the  re-  secretary  of 
ceipt  of  the  certified  copies  of  the  statement  of  votes  given  in  grl^ate  v!)'te"5' 
(he  several  counties,  directed  by  law  to  be  sent  to  him  l>y  the 

county  clerks,  shall  make  a  record  of  the  aggregate  number 
of  votes  given  for  each  person  in  the  several  counties,  in  a 
suitable  book  to  be  kept  by  him  for  that  purpose,  and  shall 
]ilace  on  file  and  preserve  such  certified  copies  in  his  oflBce. 

Note. — The  above  section  is  the  amended  see.  2,  Act  17  of  1S53.  entitled 
"An  act  to  amend  section  2  of  chapter  9  of  the  revised  statutes  of  1846." 
The  general  election  act  of  ISjl  Is  believed  to  have  superseded  chap.  9,  to- 
gether with  other  chapters  of  the  revision  of  1S46.  IJut  this  amendatory 
section  2  of  said  chap.  9  was  retained  by  Judges  Cooley,  Dewey  and  Howell 
and  is  here  inserted,  as  it  contains  some  reiiuirements  not  in  the  act  of  1851. 

(203)  §  3695.      kSEC.  68.     If,   from   any   county   clerk,   no  when  to  call 
such  statement  shall  have  been  received  by  the  secretary  of  cierk'for'' 
state,  the  governor,  nor  the  state  treasurer,  within  the  times  statement. 
limited,  the  secietary  of  state  shall  forthwith  send  a  special 
messenger  to  obtain    such   statements  and   certificates   from 

such  county  clerk;  and  such  clerk  shall  immediately,  on  de- 
mand being  made  by  such  messenger  at  his  office,  make  out 
and  deliver  to  him  the  statements  and  certificates  required. 

Rich  V.   state  Canvassers,  100/461. 

(204)  §  3690.     Sec.  69.     For   the  purpose  of   canvassing  Secretary  to 
and  ascertaining  the  result  of  elections,  other  than  for  elec-  fn^J^of  bo^d?'' 
tors  of  president  and  vice  president,  the  .secretary  of  state  ''"=• 

shall  ajipoint  a  meeting  of  the  state  canvassers,  to  be  held  at 
his  office,  on  or  before  the  fifteenth  day  of  December  next 
after  a  general  election,  and  within  forty  days  after  a  special 
election,  and  shall  notify  the  other  members  of  the  board  of 
the   same. 

Newton    v.    Canvassers,  94  /  457. 

(205)  §  3697.     Sec  TO.     Tlie   said  board   of   canvassers.  Duty  of  imani 
when  formed  as  aforesaid,  shall  examine  the  statements  re- ^Lssers*! "'"' 
ceived  by  the  secretary  of  state,  of  the  votes  given  in  the  sev- 
eral counties,  and  make  a  statement  of  the  whole  number  of 

\(itcs  given  for  the  offices  of  governor,  lieutenant  governor, 
secretary  of  state,  state  treasurer,  auditor  general,  attorney 
general,  superintendent  of  ])nblic  instruction,  commissioner 
of  the  stale  land  oftice,  and  members  of  the  state  board  of 
education,  which  statement  shall  show  the  names  of  the  per- 
sons to  whom  sncli  votes  shall  have  been  given  for  either  of 
I  he  said  ofliccs,  and  the  whole  number  of  votes  given  to  each 
of  such  persons. 

.\tfy   Gen.    v.    Jochim,    99  /  377  ;    Uich    v.    State    Canvassers.    100  /  45S. 

(206)  §  369S.     Sec.  71.     The  said  board  shall  also  pro-  wem. 
ceed  to  examine  the  statements  received  by  the  secretary  of 
state,  of  the  votes  given  in  the  several  counties,  and  make  a 
statement  of  the  whole  number  of  votes  given  for  the  office  of 


76 


STATE    OF    MICHIGAN. 


representative  in  congress  in  eacli  congressional  district; 
which  statement  shall  show  the  names  of  the  persons  to  whom 
such  votes  shall  have  been  given  for  said  office,  and  the  whole 
number  of  votes  given  to  each  person  in  each  respective  dis- 
trict. 

Where  the  board  of  state  canvassers  canvassed  the  votes  for  an  oflBce, 
from  the  returns  before  them,  some  of  which  are  afterwards  declared  In- 
valid, and  valid  ones  made  and  returned  after  their  successors  have  entered 
upon  their  duties,  it  is  the  duty  of  the  new  board  of  state  canvassers  to  can- 
vass  the    new    returns. — Belknap   v.    Board   of   Canvassers,   95  / 155. 

Rich    V.   State  Canvassers,    100  /  458. 


Certificate 
of  determina- 
tion. 


(207)  §  3699.  Sec.  72.  The  said  canvassers  shall  certify 
each  statement  made  by  them  to  be  correct,  and  subscribe 
their  names  thereto ;  and  they  shall  thereupon  determine 
what  persons  have  been,  by  the  greatest  number  of  votes,  duly 
elected  to  each  respective  office,  and  make  and  subscribe  on 
each  statement  a  certificate  of  such  determination,  and  de- 
liver the  same  to  the  secretary  of  state. 

.\tt'y  Gen.  v.  Jochim,  99  /  377  ;  Rich  v.  State  Canvassers.  100  /  45.S.  The 
determination  of  the  hoard  is  final.  In  case  their  determination  is  contested, 
the  legislature  only  ran  decide. — Royce  v.  Goodwin.  22  /  601.  As  to  when 
,1  new  board  can  be  compelled  by  mandamus  to  convene  after  the  old  board 
has  gone  out  of  ofBce  and  canvass  the  returns  anew,  see  Belknap  v.  State 
Canvassers,   95/155;   Rich   v.    State  Canvassers,   100/453. 


Duty  of  sec- 
retary of  state. 


Canvass  of 
votes  for 
electors  of 
president,   etc. 


Delivery  of 
copy  of  cer- 
tificate of  de- 
termination. 


(208)  §  3700.  Sec.  73.  The  secretary  of  state  shall  re- 
cord in  his  office,  in  a  book  to  be  kept  by  him  for  that  purpose, 
each  certified  statement  and  determination,  so  made  and 
delivered  to  him  by  the  board  of  state  canvassers;  and  shall, 
without  delay,  make  out  and  cause  to  be  delivered  to  each  of 
the  persons  thereby  declared  to  be  elected,  a  copy  of  such  de- 
termination, certified  by  him  under  his  seal  of  office. 

(209)  §  3701.  Sec.  74.  For  the  purpose  of  canvassing 
and  ascertaining  the  votes  given  for  electors  of  president  and 
vice  president  of  the  United  States,  the  board  of  state  can- 
vassers shall  meet  on  the  Wednesday  next  after  the  third 
Monday  of  November,  or  on  such  other  day  before  that  time 
as  the  secretary  of  state  shall  appoint;  and  the  powers, 
duties,  and  proceedings  of  said  board,  and  of  the  secretary 
of  state,  in  sending  for,  examining,  ascertaining,  determining, 
certifying,  and  recording  the  votes  and  results  of  the  election 
of  such  electors,  shall  be  in  all  respects,  as  near  as  may  be, 
as  hereinbefore  provided  in  relation  to  sending  for,  examin- 
ing, ascertaining,  determining,  certifying,  and  recording  the 
votes  and  results  of  the  election  of  state  officers. 

(210)  §  8702.  Sec.  7.5.  The  secretary  of  state  shall,  with- 
out delay,  cause  a  copy  of  the  certified  determination  of  the 
board  of  state  canvassers,  declaring  the  persons  elected  as 
sncli  electors,  to  be  transmitted  and  delivered  by  special  mes- 
sage or  othei'wise,  to  each  of  the  persons  so  declared  to  be 
elected,  which  copies  shall  be  certified  under  his  hand  and 
seal  of  office. 


LAWS    RELATING    TO    ELECTIONS.  77 

(211)  §  3703.     Sec.  70.     For  the  ijurpose  of  canvassing  Canvass  ot 
and  ascertaining  the  result  of  the  vote  upon  any  proposed  Imlnrfment  to 
amendment  to  the  constitution,  or  approval  of  any  banking  and^^anking 
law,  or  amendment  thereof,  the  secretary  of  state  shall  ap-  law. 

point  a  meeting  of  the  state  board  of  state  canvassers,  to  be 
lield  at  his  office,  on  or  before  the  twentieth  day  of  the  month 
next  after  such  election;  at  which  meeting  the  said  secretary 
shall  lay  before  the  board  the  statement  received  by  him  of 
the  votes  given  in  the  several  counties  for  or  against  such 
amendment  to  the  constitution,  or  for  and  against  the  ai> 
proval  of  such  banking  law,  or  amendment  thereof,  as  the 
case  may  be. 

(212)  §  3704.     Sec.  77.    The  board  shall  then  proceed  to  Board  to  as- 
e.xaniine  such  statements,  and  to  ascertain  and  determine  the  ditermin"' 
result,  and  shall  make  and  certify,  under  their  hands,  a  state-  the  result. 
ment  of  the  whole  number  of  votes  given  for,  and  the  whole 
number  of  votes  given  against,  stich  amendment  of  the  consti- 
tution, or  f(U'  or  against  the  approval  of  such  banking  law,  or 
aniendmeiit  thereof,  as  the  case  may  be;  and  they  shall  there- 
upon dclcrmine  whether  such  amendment  to  the  constitution, 

or  such  banking  law,  or  amendment  thereof,  as  the  case  may 
be,  has  been  approved  and  ratified  by  a  majority  of  the  elec- 
tors voting  thereon,  and  shall  make  and  subscribe  on  such 
statement  a  certificate  of  such  determination,  and  deliver  the 
same  to  the  .secretary  of  state. 

(213)  §  3705.     Sec.  78.     The  secretary  of  state  shall  re-  Determination 
cord  in  his  office,  in  a  book  to  be  kept  by  him  for  that  pur-  secretary  rf 
pose,  such  certified  statement  and  determination ;  and  if  it  pubfjglgjj  ^jjjj 
.shall  appear  that  such   amendment  to   the  constitution,    or  laws. 

such  banking  law,  or  amendment  thereof,  has  been  approved 
and  ratified,  as  aforesaid,  he  shall  also  record  such  deter- 
mination in  the  book  in  which  the  original  act  of  the  legis- 
lature is  recorded,  and  shall  cause  any  amendment  to  the  con- 
stitution to  be  published  with  the  laws  enacted  by  the  legis- 
lature at  the  next  succeeding  session  thereof. 

(214)  §  370G.  Sec.  79.  The  secretary  of  state  shall  cause  Publication  of 
a  copy  of  such  determination  and  certificate  of  election  to  be  ofSe'raii-'' 
jMiblished  for  two  successive  weeks  in  a  newspaper  published  ^^sser.s. 

at  (he  .seat  of  government,  immediately  after  receiving  the 
same  from  the  board  of  state  canvassers. 

(215)  §  3707.  Sec.  80.  The  said  board  of  state  canvass-  Adjournment 
ers  shall  have  power  to  adjourn  from  day  (o  day,  for  a  term  ras^'ers* '^'"'' 
not  exceeding  five  days. 

Newton  r.  Canvassers,  94  /  457. 

For  election  of  tbc  members  of  the  state  board  of  education  as  prescribed 
by  section  370S.  C.  L.  1S97.  see  the  later  enactment  of  1U09,  section  510 ; 
constitutional    provisions   section   69,    herein. 

RErRESENTATIVES    IN    CONGRESS. 

(210)     §  3709.     Sec.  82.     A  representative  in  the  congress  Representa- 
of  the  United  States  shall  be  chosen  in  each  of  the  congres-  grels."  '^°°' 


78 


STATE    OF   MICHIGAN. 


sional  districts  iuto  which  the  state  is  or  shall  be  divided,  at 
each  general  election  ;  and  if  a  representati\e  in  congress  shall 
Vacancy.  resign,  he  shall  forthwith  transmit  a  notice  of  his  i'esig;nation 

to  the  secretary  of  state;  and  if  a  vacancy  shall  occur,  by 
death,  or  otherwise,  in  the  office  of  representative  in  congress, 
the  clerk  of  the  county  in  which  such  re])resentative  shall 
have  resided  at  the  time  of  his  election  shall,  without  delay, 
transmit  a  notice  of  such  vacancv  to  the  secretarv  of  state. 


f 


Number  of 
electors. 


Place  and 
time  of  meet- 


Vacancies, 
how  filled. 


Duties. 


Executive, 
duty  of,  etc. 


Certificate 

transmitted 

to. 


PRESIDENTIAL   ELECTORS. 

(217)  §  3710.  Sec.  83.  At  the  general  election  next  pre- 
ceding the  choice  of  president  and  vice  president  of  the 
United  States  there  shall  be  elected  by  general  ticket  as  many 
electors  of  president  and  vice  president  as  this  state  may  be 
entitled  to  elect  of  senators  and  representatives  in  congress. 

(21S)  ij  3711.  Si:c.  S4.  The  electors  of  iiresident  and 
vice  president  shall  convene  in  the  senate  chamber,  at  the  cap 
ital  of  the  state,  at  the  hour  of  twelve  o'clock  noon,  on  the  sec- 
ond jMonday  of  January.  If  there  shall  be  any  vacancy  in  the 
office  of  an  elector,  occasioned  by  death,  refusal  to  act,  neg- 
lect to  attend  by  the  hour  of  twelve  o'clock  at  noon  of  said 
day,  or  on  account  of  any  two  of  the  persons  voted  for  as  elec- 
tors having  received  an  equal  and  the  same  number  of  votes, 
or  on  account  of  the  ineligibility  of  any  person  elected,  or  for 
any  other  cause,  the  qualified  electoi's  present  shall  proceed  to 
fill  such  vacancy  by  ballot  and  plurality  of  votes.  ^Yhen  all 
the  electors  shall  appear  or  vacancies  shall  be  filled  as  above 
jirovided,  they  shall  proceed  to  perform  the  duties  of  such 
electors,  as  required  bj'  the  constitution  and  laws  of  the 
United  States. 

(219)  §  3712.  Sec.  85.  It  shall  be  the  duty  of  the  execu- 
tive of  the  state,  as  soon  as  practicable  after  the  election  of 
the  electors  by  the  final  ascertainment  imder  and  in  pursuance 
of  the  laws  of  the  state  providing  for  such  election,  to  com- 
municate under  the  seal  of  the  state  to  the  secretary  of  state 
of  the  United  States  his  certificate  of  such  ascertainment  of 
the  electors  elected,  setting  forth  the  names  of  such  electors 
and  the  canvass  or  other  ascertainment  under  the  laws  of  the 
state  of  the  number  of  votes  given  or  cast  for  each  person  for 
whose  election  any  and  all  votes  have  been  given  or  cast,  and 
it  shall  also  thereupon  be  the  duty  of  the  executive  of  the 
state  to  deliver  to  the  electore  of  the  state,  on  or  before  the 
day  on  which  they  are  required  by  the  preceding  section  to 
meet,  the  same  certificate,  in  triplicate,  under  the  seal  of  the 
state.  Such  certificate  shall  be  enclosed  and  transmitted  by 
the  electors  at  the  same  time  and  in  the  same  manner  as  is 
provided  by  law  for  transmitting  by  such  electors  to  the  seat 
of  government  the  lists  of  all  persons  voted  for  as  president 
and  of  all  persons  voted  for  as  vice  president. 

Sections  SG-89  are  superscdod  bv  .\ct  1  of  1869,  for  the  election  of  U  S 
senators.     See  sections  520-522. 


I 


LAWS    RELATING    TO    ELECTIONS.  7& 


MISCELLANEOUS    PROVISIONS. 

(220)  §  3713.     Sec.  90.     Unorganized  counties,  with  other  tinorganizeti 
parts  of  the  state  whicli  may  be  attaclied  to  any  organized  <^''"""'''' 
county  for  judicial  jjurposes,  unless  otherwise  provided,  sluill 

be  considered  as  a  part  of  such  organized  county  for  all  pur- 
j)0ses  concerning  the  election  of  officers  who  may  be  elected 
at  a  general  or  special  election. 

.Tobnston  v.   Cathro,   51  /  S3. 

(221)  §  3714.     Sec  91.     The  oath  directed  in  this  act  to  oathotin- 
be  taken  by  persons  chosen  to   be  inspectors,  or  appointed  cFeTk^S^"'' 
clerks  of  elections  shall  be  in  the  form  prescribed  in  tiie  first  elections. 
section  of  the  eighteenth  article  of  the  revised  constitution  of 

this  state. 

See  Art.  xvi,  2,  constitution   of  1909. 

(222)  §  3715.     Sec     92.     Each     county     canvasser    and  Compensation 
sherifT  shall  receive  such  reasonable  compensation  for  their  officers^'" 
services   while   employed    in    the    business   of  elections    for 

county  officers  as  shall  be  allowed  by  the  board  of  supervis- 
ors or  county  auditors,  to  be  paid  by  the  county. 

(223)  §  3716.     Sec  93.     Each  district  canvasser  or  other  Compensation 
person  except  county  clerks,  employed  in  canvassing  and  re-  ?invassera, 
turning  the  result  of  the  elections  required  by  law  to  be  cer-  «"=. 

tified  by  district  canvassers  to  the  board  of  state  canvassers, 
sliall  receive  such  compensation  therefor  as  the  board  of  su- 
Ijervisors  of  their  several  counties  shall  deem  reasonable,  to 
be  paid  out  of  the  treasury  of  such  counties. 

(224)  §  3717.     Sec   94.     During  the  day  on   which  any  No  qvh  pro- 
election  shall  be  held,  pursuant  to  the  provisions  of  law,  no  efectiOTi^ay."" 
civil  process  shall  be  served  on  any  elector  entitled  to  vote  at 

such  election. 

(225)  §  3718.     Sec  95.     The  person  holding  any  office,  at  Term  ot  office, 
tlie  expiration  of  the  term  tliereof,  .shall  continue  to  hold  the 

same  until   his  successor  shall  be  elected  or  ajjpointed  and 
qualified;  and  when  any  person  shall  be  elected  to  fill  a  va-  Term,  when 
cancy  in  any  elective  office,  he  shall  liold  the  same  only  dur-  vacancy"  *"" 
ing  the  unexpired  portion  of  the  regular  term  limited  to  such 
office,  and  until  his  successor  shall  be  elected  and  qualified. 


80 


STATE    OP    MICHIGAN. 


RECOUNT  BY  STATE  CANVASSERS. 

An  Act  to  provide  for  a  recount  of  votes  cast  at  an  election  for  can- 
didates for  office,  or  proposed  amendments  to  the  constitution  or 
any  other  question  or  proposition  ?vhich  are  canvassed  by  the 
board  of  state  canvassers. 

[Act    320,    P.   A.    1913.] 


Candidate 
may  petition 
for  recount. 


Elector  may 
petition  for 
recount  on 
constitutional 
amendments. 


Deposit. 


In  case  mis- 
take, etc., 
established. 


The  People  of  the  State  of  Michigan  enact: 

(226)  Section  1.  Any  candidate  voted  for  at  any  elec- 
tion, tlie  votes  for  wliicli  are  canvassed  by  tlie  Ijoard  of  state 
canvassers,  wlio  considers  liiinself  aggrieved  on  account  of 
r.ny  fraud  or  mistake  in  the  canvass  of  the  votes  by  tlie  inspec- 
tors of  election  or  the  returns  made  by  said  inspectors,  or  of 
any  coimty  or  district  canvassing  board,  may  at  any  time 
jirior  to  four  o'clock  standard  time  on  the  afternoon  of  the 
last  day  npon  which  the  board  of  state  canvassers  meets 
for  the  pui'ijose  of  canvassing  such  votes,  present  to  and  file 
with  the  secretary  of  state  a  written  or  printed  petition 
which  shall  be  sworn  to  by  sucJi  candidate,  setting  forth  as 
near  as  may  be  the  nature  and  character  of  the  fraud  or 
mistakes  complained  of,  and  the  township,  ward  and  county 
in  which  they  exist,  which  petition  shall  pray  for  a  correc- 
tion thereof  by  a  recount  of  the  votes  cast  therein. 

(227)  Sec.  2.  Any  elector  in  this  state  who  believes  that 
there  has  been  any  fraud  or  error  committed  by  the  inspectors 
of  election  in  the  returns  made  by  said  inspectors  or  of  any 
county  or  district  canvassing  board  in  the  canvass  of  the 
votes  cast  upon  the  question  of  a  proposed  amendment  to 
the  constitution  or  any  other  question  or  proposition,  the 
votes  for  w'hicli  are  canvassed  by  the  board  of  state  can- 
vassers, may  before  four  o'clock  standard  time  on  the  after- 
noon of  the  last  day  on  which  the  board  of  state  canvassers 
meets  "to  canvass  such  votes,  present  to  and  file  with  the 
secretary  of  state  a  written  or  printed  petition  which  shall 
be  sworn  to  by  the  elector  presenting  the  same  and  which 
shall  set  forth  as  near  as  can  be,  the  nature  and  character  of 
the  fraud  or  error  of  which  complaint  is  made  and  the 
jjarticular  to^\^lship,  ward  and  county  in  which  it  is  believed 
that  the  fraud  or  error  occurs,  and  such  petition  shall  con- 
tain a  prayer  that  a  correction  thereof  be  made  by  a  recount 
of  the  votes  cast  therein. 

(228)  Sec.  3.  The  candidate  or  elector  presenting  such 
jietition  to  the  secretary  of  state  shall  at  the  same  time  de- 
posit with  such  officer  the  sum  of  one  hundred  dollars  for 
the  first  county  or  part  thereof,  in  which  a  recount  of  the 
votes  is  demanded,  and  twenty-five  dollars  for  each  addi- 
tional county  or  part  thereof  in  which  a  recount  is  demanded. 
In  case  fraud  or  mistake  as  alleged  and  set  forth  in  any  such 
lietition  is  established  in  one  or  more  counties,  the  amount 
[laid  by  such  petitioner  to  the  secretary  of  state  for  a  recount 


LAWS    RELATING    TO    ELECTIONS.  81 

of  the  votes  cast  in  the  county  in  which  the  fraud  or  mistake 
is  established  shall  be  returned  to  the  petitioner  upon  the 
order  of  the  board  of  state  canvassers. 

(229)  Sec.  4.     It  shall  be  the  duty  of  any  candidate  filing  Notice  given. 
such  petition  and  making  the  deposit  herein  required,  to  give 

notice  thereof  to  the  opposing  candidate  within  forty-eight 
hours  after  filing  same  by  handing  or  delivering  to  such  can- 
didate a  copy  of  such  petition,  or,  if  such  candidate  cannot 
be  found,  by  leaving  such  copy  at  his  last  place  of  residence. 
It  shall  not  be  necessary  for  any  elector  filing  a  petition  for 
a  recount  of  the  votes  cast  upon  the  question  of  proposed 
amendments  to  the  constitution  or  other  questions  or  propo- 
sitions, to  give  any  such  notice.     It  shall  be  the  duty  of  the  Recount. 
board   of  state  canvassers   at   as  early   a  date   as  possible 
after  the  receipt  of  such  petition  and  the  deposit  required,  to 
investigate  the  facts  set  forth  in  said  ])etition  and  cause  a 
recount  of  the  votes  vast  in  the  particular  wards  and  town- 
ships in  question.    The  board  of  state  canvassers  shall  have 
the   right   and   authority   to   demand   and    cause   the   ballol 
boxes  and  returns  in  connection  with  any  such  election  to 
be  brought  before  it.     The  said   board  shall   also  have  the  where  iieid 
right  to  prescribe  the  place,  when  and  where  the  recount  of 
any  such  votes  shall  be  conducted,  which  shall  be  in  public. 
It  shall   not  be  necessary   for  all   of  the  members  of  said 
board  of  state  canvassers  to  conduct  a  particular  recoimt. 
but  each  member  shall  have  the  right  to  conduct  any  such 
recount  when  properly  designated  by  the  board  to  the  end 
that  the   recount  may  be  conducted  and  the  result  of  the 
election   determined    at  the  earliest   possible  moment.     The  cierksand 
board  of  state   canvassers  or  any  member  of  the  board  of  ^^^'^'■^^'■''■ 
state  canvassers  while  conducting  a   recount  shall  have  au 
thority    to   emplo_y  such   clerks    and   assistants   as   shall   be 
deemed  necessary.     The  said  board   of  state  canvassers,   or 
any   member   thereof,   shall    have   the   right   to   require   any 
inspector  of  election,  county  officer,  or  other  person,  to  ap- 
pear for  any  such  purpose  as  may  be  desired,  either  by  the 
board,  or  any  memi)er  thereof.     The  persons  who  at  the  re-  Compensation 
quest    of    the    board    of    state    canvassers,    or    any    member  ^^^  m'leage. 
thereof  appear  with  the  ballot  boxes,  returns  and  tally  sheets 
or  otherwise,  shall  receive  the  same  compensation  and  mile- 
age therefor  as  is  prescribed  by  law  for  witnesses.     All  ex-  Expenses. 
penses  incurred  under  authority  of  this  act  shall  l>e  paid  out 
of  the  general  fund  in  the  state  treasury  on  vouchers,  to  be 
approved  and  auilitcd  by  the  board  of  state  canvassers. 

(230)  Sec.  5.     The  said  lioard  of  state  canvassers,  or  any  Toopenbaiiot 
member  thereof,  shall  at  the  time  and  place  prescribed,  where  ''°''^'- 

the  interested  candidates  and  their  counsel,  or  the  represen- 
tatives of  any  party  or  cause  can  be  present,  if  they  so  de- 
sire, proceed  forthwith  to  open  the  ballot  boxes  from  the 
designated  townships  or  wards  and  make  a  recount  thereof 
as  to  such  candidates,  question  or  proposition,  and  make  Return  made. 
a  full,  complete  and  correct  return  in  writing,  showing  the 
11 


82 


STATE  OF  MICHIGAN. 


completed. 


To  certify 
the  result. 


full  number  of  votes  cast,  the  names  of  candidates,  and  the 
number  of  votes  given  to  each,  or  the  total  numl)er  of  votes 
cast  for  and  against  any  such  pi*oposition,  written  out  in 

When  recount  words  and  tigurps.  When  the  recount  is  completed  the  said 
board,  or  the  member  thereof  conducting  the  same,  shall  at 
once  return  the  ballots  to  their  respective  boxes,  carefully 
fasten  and  seal  the  same  and  deliver  them  to  the  ofiQcer  hav- 
ing the  care  and  custody  thereof.  Whenever  a  recount  is 
conducted  by  a  particular  member  of  the  said  board,  it  shall 
lie  the  duty  of  the  member  so  conducting  same  to  certify  the 
result  of  such  recount  to  the  board  of  state  canvassers, 
which  board  shall  consider  the  result  so  certified  by  the 
particular  member  thereof,  and  certify  the  result  in  the  man- 
ner presci'ibed.  The  returns  made  by  the  said  board  of 
state  canvassers  of  any  recount  shall  be  deemed  to  be  cor- 
rect, anything  in  the  return  of  any  board  of  election  in- 
spectors, or  any  county  or  district  canvassing  boai'd  to  the 

Not  to  include  contrary  notwithstanding.  The  provisions  of  this  act  shall 
not  be  construed  to  include  a  recount  of  any  primary  elec- 
tion. Nothing  herein  contained  shall  be  construed  to  repeal 
any  action  or  remedy  wliich  may  now  exist  by  reference  of 
any  action  to  the  courts. 


primary 
election. 


MUNICIPAL  AND  TOWNSHIP  ELECTIONS. 

An  Act  to  prescribe  the  manner  of  conducting  municipal  and  town- 
sliip   elections   and   to  prevent   fraud   and   deception   thereat. 

[.4ct    194,    P.   A.    1891.] 


The  People  of  the  State  of  Michigan  enact: 

To  be  govern-  (231)  §  SfioS.  SECTION  1.  That  all  elcctious  hereafter 
fawi'etc^""^'  held  in  the  various  cities,  villages  and  [townships]  township 
in  this  state,  shall  be  in  confoiiiiity  with  the  provisions  of  the 
laws  governing  general  elections  so  far  as  the  same  shall  be 
applicable  thereto,  and  all  the  provisions  of  such  laws  rela- 
tive to  the  boards  of  election  ins])ectors,  the  arrangement 
of  polling  places,  the  manner  of  voting  and  receiving  votes, 
and  the  canvass  and  declaration  of  tlie  result  of  such  election, 
are  liereby  made  applicable  to  such  municipal  and  township 
elections,  but  the  time  for  the  opening  and  closing  of  the  polls 
shall  not  be  affected  thei'eby. 

(232)  S  3fi.^9.  Sec.  2.  The  township  board  of  each  town- 
ship, and  such  persons  as  shall  be  elected  therefor  by  the  com- 
mon councils  of  the  various  cities  and  villages  in  this  state, 
shall  be  the  board  of  election  commissioners  for  such  town- 
ship, city,  or  village  respectively,  and  shall  perform  such  du- 
ties relative  to  the  preparation  and  printing  of  ballots  as  are 
required  by  law  of  the  boards  of  election  commissioners  of 


Who  to  be 
election  com- 
missioners, 
etc. 


LAWS   RELATING    TO    ELECTIONS.  83 

counties,  and  like  duties  and  privileges  as  are  enjoined  and 
granted  by  the  laws  governing  general  elections  u]ion  the 
various  connnittees  of  the  ditferent  political  organizations  are 
hei-ebv  prescribed  for  the  city,  village,  or  township  com- 
niitteps  in  elections  held  pursuant  hereto;  except  that  it  shall  vignette  not 
not  be  necessary  for  the  coniniittees  of  the  different  political  '^™^^'"^'  *  *" 
organizations  to  furnish  a  vignette  or  heading  for  the  ballots 
other  than  to  designate  the  name  of  the  party  or  political  or- 
ganization which  they  represent. 

ELECTION  COMMISSIONERS:  Peck  v.  Supervisors,  102/355.  Tlie 
board  tanuot  print  upon  tlie  ballot  the  name  of  a  candidate  not  nominated 
by  an  assemhlage  or  meeting  of   electors. — Chateau   v.   Jacol),   88/171. 

(233)  §  36(50.  Sec.  3.  In  municipalities  governed  by  this  coinmittees  to 
law,  the  names  of  candidates  shall  be  given  by  the  commit-  et™'^*^  names. 
tees  of  the  various  political  organizations  to  the  board  of  elec- 
tion commissioners  of  such  municipality  not  less  than  five 
days  before  each  election,  and  the  proof  copy  of  the  ballot 
shall  be  open  to  the  insiiection  of  the  chairman  of  each  com- 
mittee at  the  office  of  the  township  clerk,  and  city  or  village 
clerk  or  recorder,  not  less  than  two  clear  secular  days  before 
such  election. 

otto    V.   Brissette,    137/719. 


IDENTIFYING  BALLOTS  OF  UNQUALIFIED  VOTERS. 

An  Act  further  to  preserve  the  purity  of  elections,  and  guard  against 
abuses  of  the  elective  franchise,  by  providing  for  the  identification 
of  the  ballots  of  unqualified  voters,  in  cases  of  contested  elections. 

r.Ut    ISO,    P.    A.    1877.1 

The  People  of  the  State  of  Michigan  enact: 

(2.34)     g  3719.     Section  1.     That  at  every  general,  special,  Names  on  poii 
township,  and  ch.arter  election  in  this  .state,  it  shall  be  the  numbered  in 
duty  of  the  inspectors  of  election  of  each  voting  precinct,  to  figures. 
cause  to  be  numbered  in  figures,  and  in  numerical  order,  the 
name  of  every  jierson  entered  ujinn  the  poll  lists  required  by 
law  to  be  kept  at  such  election;  whicii  figures  shall  bo  placed 
against  the  names  on  such  poll  lists  at  the  time  of  the  entry 
of  said  names  thereon. 

(235)     §  3720.    Sec.  2.    Whenever,  at  any  general,  special.  Endorsement 
township  or  charter  election,  in  this  state,  "the  ballot  of  any  bin^in^ca^s? 
liei'son  who  has  been  challenged  as  an  untinalified  voter,  and  "^ '^'^''^^'^"s*- 
who  has  taken  the  oath  provided  by  law  in  such  case  lo  be 
taken,  shall  be  received  by  the  inspectors  of  election,  it  shall 
be  the  duty  of  said  ins])ectors  to  cau.se  to  be  i)lainly  endorsed 
on  said  ballot,  with  pencil,  and  in  the  manner  hereinafter 
provided,  before  depositing  the  same  in  the  ballot  box,  the 


STATE  OF  MICHIGAN. 


number  corresponding  to  the  number  placed  against  such  vot- 
er's name  on  the  poll  lists;  and  it  shall  further  be  the  duty 
of  such  inspectors  to  cancel  all  other  figures  appearing  on 
the  back  of  said  ballot,  without  opening  the  same:  Provided, 
That  in  case  a  ballot  shall  be  so  folded,  defaced,  printed  or 
prepared  that  such  number  cannot  be  legibly  and  perma- 
nently written  on  the  back  thereof,  it  shall  be  the  duty  of 
said  inspectors  to  refuse  to  accept  such  ballot. 

The  provisions  of  this  and  the  following  section  for  the  identification  of 
challenged  ballots  remain  unrepealed,  but  votes  by  the  machine  cannot  be 
identified  under  anv  provisions  of  the  statute. — Henderson  v.  Saginaw  Elec- 
tion  Com'rs,   160  /  36. 

Endorsement  (236)  §  3721.  Sec.  3.  To  prevent  the  identification  of 
edwit'hbi^k  said  ballot,  except  as  hereinafter  provided,  it  shall  be  the 
paper.  ^^^^^y  ^f  ^)jg  inspectors  of  election  to  cause  to  be  securely  at- 

tached to  said  ballot,  with  mucilage  or  other  adhesive  sub- 
stance, a  sli])  or  piece  of  blank  paper,  of  the  same  color  and 
appeai-ance,  as  near  as  may  be,  as  the  paper  of  the  ballot,  in 
such  manner  as  to  cover  and  wholly  conceal  said  endorse- 
ment, but  not  to  injure  or  deface  the  same;  and  if  any  inspec- 
tor, clerk,  or  other  officer  of  an  election  shall  afterward  ex- 
pose said  endorsement,  or  remove  the  said  slip  of  paper  cov- 
ering the  same,  or  attempt  to  identify  the  ballot  of  any  voter, 
or  suffer  the  same  to  be  done  by  any  other  person,  he  shall,  on 
conviction  thereof,  be  deemed  guilty  of  a  misdemeanor,  and 
shall  be  amenable  to  tlie  provisions  of  compiler's  section 
seven  thousand  seven  hundred  and  sixty-nine  of  the  compiled 
laws  of  eighteen  hundred  and  seventy-one. 

The  section  above  referred  to  is  section  379  infra. 


(237)  §  3722.  Sec.  4.  In  case  of  a  contested  election,  on 
the  trial  thereof  before  any  court  of  competent  jurisdiction 
in  this  state,  it  .shall  be  competent  for  either  party  to  the 
cause,  to  have  produced  in  court  the  ballot  boxes,  ballots  and 
poll  lists  used  at  the  election  out  of  which  the  cause  has 
arisen,  and  to  introduce  evidence  proving  or  tending  to  prove 
that  any  person  named  on  such  poll  lists,  was  an  unqualified 
voter  at  the  election  aforesaid,  and  that  the  ballot  of  such 
person  was  received  as  provided  in  section  two  of  this  act ;  and 
on  such  trial,  the  correspondence  of  the  number  endor.sed  on 
a  ballot  as  herein  provided,  with  the  number  against  the  name 
of  any  person  on  the  poll  lists,  shall  be  received  as  prima 
facie  proof  that  such  ballot  was  cast  by  such  person:  Pro- 
vided, That  the  ballot  of  no  person  shall  be  inspected  or 
identified,  under  the  provisions  of  this  act,  unless  such  person 
shall  consent  tliereto  in  writing,  or  unless  such  person  has 
been  convicted  of  falsely  swearing  in  such  ballot,  or  unless 
the  fact  that  such  person  was  an  unqualified  voter,  at  the 
time  of  casting  such  ballot,  has  been  determined  as  provided 
in  section  five  of  this  act. 

People   v.   Kamps.   129  /  217. 


LAWS    RELATING    TO    ELECTIONS.  85 

(238)  §  3723.     Sec.  5.     After  issue  joined  in  any  case  of  Proceedings 
conte.sted  election,  either  party  to  the  cause  may  present  a  fofned^^"^ 
petition  to  tlie  court  before  which   the  said  cause  is  to  be 

tried,  setting  forth  among  other  things,  that  the  j^etitioner 
has  good  reason  to  believe  and  does  believe  that  one  or  more 
voters  at  the  election  out  of  which  the  cause  has  arisen,  nam- 
ing him  or  them,  and  stating  his  or  their  place  of  residence, 
were  unqualified  to  vote  at  such  election ;  that  he  believes  the 
same  can  be  established  by  competent  testimony;  that  the 
ballot  or  ballots  of  such  voter  or  voters  were  received  after 
being  challenged,  as  provided  by  law,  and  praying  that  the 
court  may  try  and  determine  the  question  of  the  qualification 
of  such  voter  or  voters  to  vote  at  said  election,  which  peti- 
tion shall  be  verified  by  the  oath  of  the  petitioner  or  some 
other  person  acquainted  with  the  facts ;  and  thereupon  the 
court  shall  direct  an  issue  to  be  formed,  within  a  time  to  be 
fixed  therefor,  for  the  purpose  of  determining  the  question  of  issue  to  deter- 
the  qualification  of  tlie  voter  or  voters  named  in  said  petition,  uon^of^votCT^ 
to  vote  at  said  election ;  and  such  issue  shall  stand  for  trial 
as  in  other  cases,  and  the  verdict  of  the  jury  or  judgment 
of  the  court  upon  such  issue  so  made  shall  be  received  upon 
the  trial  of  the  princiiKil  issue  in  said  cause,  as  conclusive 
evidence  to  establish  or  to  disprove  the  said  qualifications  of 
said  voter  or  voters. 

See   notes   to   section   103. 

(239)  §  3724.     Sec.  G.    On  said  trial,  it  shall  be  the  duty  judge  to  re- 
of  the  judge  presiding  thereat,  and  of  no  other  person,  to  ^er\nifo^rse- 
remove  from  all  ballots  the  slips  of  paper  concealing  the  said  "i«"' 
endorsements  until  all  ballots  are  found  having  thereon  the 
numbers   agreeing  with  the  numbers  against  the  names  of 

such  persons  on  the  poll  lists  as  have  been  proved  unqualified 
voters   as   aforesaid,   and   immediately   thereafter  to  replace  To  replace 
slips  of  paper  upon  all  other  ballots  from  which  he  has  taken  ^''"'■ 
the  same,  in  the  same  manner  as  is  provided  in  section  three 
of  this  act,  for  the  inspectors  of  election. 


86 


STATE  OF  MICHIGAN. 


CHAPTER  IV.— CANVASS  AND  RETURN  OF  VOTES. 
COUNTY  CANVASSERS. 


An  Act  to  provide  for  the  election  of  a  board  of  county  canvassers,  to 
prescribe  the  term  of  office  and  the  powers  and  duties  thereof,  and 
to  repeal  all  acts  and  parts  of  acts  contravening  the  provis'ions  of 
this  act. 

[Act    149,   P.    A.    1S95.] 

The  People  of  the  State  of  Michigan  enact: 

(240)  §  36(i2.  Section  1.  That  at  the  regular  annual 
meeting  of  the  board  of  supervi.sors  of  each  organized  county 
in  the  state  of  Michigan,  for  the  year  eighteen  hundred 
ninety-six  and  each  second  year  thereafter,  there  shall  be 
elected  by  ballot  three  electors,  neither  of  whom  shall  be  a 
candidate  for  office  at  the  general  election  ensuing,  who  to- 
gether with  the  county  clerk,  who  shall  not  be  entitled  to  a 
vote  on  said  board,  shall  be  and  are  hereby  constituted  a 
board  of  county  canvassers.  Provided,  That  no  ])erson  shall 
be  eligible  to  membership  on  said  board  of  canvassers  who  is 
a  member  of  said  board  of  supervisors.  And  it  shall  be  the 
duty  of  the  clerk  of  said  board  of  supervisors  to  notify  said 
electors  of  their  election  within  five  days  thereafter.  Said 
board  of  supervisors  shall,  at  the  time  of  electing  such  board 
of  county  canvassers,  fix  the  amount  of  their  compensation, 
which  shall  not  exceed  four  dollars  per  day  for  each  member 
of  said  board,  which  shall  be  paid  by  the  county  treasurer 
upon  the  warrant  of  the  county  clerk :  Provided,  That  in 
Wayne  county  said  board  of  county  canvassers  shall  consist 
of  five  members,  as  follows:  The  probate  judge,  who  shall  be 
the  presiding  officer  of  such  board;  the  county  treasurer, 
with  the  two  members  of  the  board  of  Wayne  county  auditors 
having  the  longer  term  to  serve,  and  one  other  citizen  elector 
to  be  chosen  by  a  plurality  viva  voce  vote  of  the  board  of  su- 
pervisors of  said  county  at  their  regular  annual  meeting. 
Said  board  of  supervisors  shall,  at  the  same  time  and  in  the 
same  manner,  elect  an  alternate  member  of  said  board,  who 
will  be  entitled  to  serve  as  a  member  of  said  board  in  case  of 
a  vacanc.v  on  said  board  on  account  of  disability,  absence  or 
other  cause. 

Am.    1899.   Act   224. 

See  section  253  for  an  act  (o  provide  special  canvass  of  votes  for  state 
senators    and    representatives. 

The  above  act  supersedes  sections  43-48  of   the  act  of  1S51. 

(241)  §  3GG3.  Sec.  2.  Each  member  of  said  board  of 
county  canvassers  shall  qualify  by  taking  the  oath  of  office 
re(]uired  of  ins])ectors  of  election,  to  be  administered  by  the 

Term  of  office,  couuty  clerk,  and  shall  hold  office  for  a  term  of  two  yeai's,  or 
until  his  successor  is  appointed  and  shall  have  qualified. 

When  board  (242)     §  :!(;(54.     Sec.  3.     It  shall  be  the  duty  of  said  board 

of  county  canvassers  to  convene  at  the  office  of  the  county 


When  super- 
visors to  elect 
canvassers  by 
ballot. 


County  clerk 
to  be  a  mem- 
ber of  board. 

Proviso. 


Supervisors  to 
fix  compen- 
sation. 


Proviso  as 
to  Wayne 
county. 


Oath   required 
of  canvassers. 


to  convene. 


LAWS    RELATING    TO    ELECTIONS.  87 

clerk  on  the  first  Tuesday  after  the  first  Monday  following 

each  election  in  said  county,  before  the  hour  of  one  o'clock 

p.  m.,  and  to  elect  one  of  Uieir  number  to  act  as  chairman, 

except  as  is  especially  provided  in  section  one  of  this  act. 

The  county  clerk  shall  act  as  clerk  of  said  board,  but,  in  the  county  clerk 

event  of  his  unavoidable  absence,  the  board  may  select  one  of  b°ard'^'"'^  "' 

his  deputies  to  act  in  his  stead.     In  case  of  any  vacancy  on  Vacancy,  how 

said  board,  by  reason  of  absence  or  disability  under  the  i^ro- 

visions  of  this  act,  it  shall  be  filled  by  the  members  of  the 

board  present,  who  shall  select  some  person  or  persons  eligible 

to  have  been  elected  in  the  first   instance,  as  set  forth   in 

section  one  of  this  act. 

Am.   1899,  Act  224. 

(243)      §  3665.     Sec.  4.     The   said  board   shall   then   pro- Boar.i  of_^^^ 
ceed  without  delay  to  canvass  the  return  of  votes  cast  for  all  vasserato"" 
candidates  for  office  voted  for  and  all  other  questions  voted  rttunfs^. 
on  at  said  election,  according  to  the  returns  filed  in  the  office 
of  the  county  clerk  by  the  several  boards  of  election  inspect- 
ors of  the  various  voting  precincts  in  the  county,  and  the  re- 
turns ov  tally  sheets  filed  with  the  board  of  canvassers  by  the 
central  counting  board  in  counties  where  a  central  counting 
board  is  provided  for  counting  the  ballots  cast  in  said  county 
or  any  jjart  thereof  in  lieu  of  their  being  counted  by  the  elec- 
tion inspectors  of  the  voting  districts.     If  it  shall  be  found,  May  adjourn. 
u])on  the  convi-ning  of  said  board  of  canvassers  that  the  re- 
turns from  any  of  the  boards  of  election  inspectors  of  the 
several  election  districts,  or  the  returns  of  such  central  count- 
ing board  are  missing,  incom]dete.  or  incorrect,  or  for  any 
other  reason  it  is  found  necessary,  then  said  board  of  county 
canvassers  shall  have  power  to  adjourn   from    day    to    day 
until    said    returns  shall  have  been  procured    or    corrected. 
Raid  board  of  canvassers  are  hereby  empowered  to  summon  iMay.«:ummon 
the  person  or  persons  having  the  boxes  containing  the  ballots  personsh'^iv- 
cast  at  such  election  and  the  keys  and  seals  of  said  boxes,  or  blj^es^fc."' 
having  such  returns  or  the  poll  books  or  tally  sheets  used  and 
made  at  such  elections,  to  bring  said  boxes,  keys,  seals,  re- 
turns, poll  books  and  tally  sheets  before  said  board  and  said  May  open 
board  of  canvassers  are  autluu-ized  to  o])en  said  boxes  and    °'"^^' 
take  therefrom  any  books  or  papers  bearing  upon  the  count 
and  return  of  the  election  inspectors  of  such    election    dis- 
tricts or  the  returns  of  such  central  counting  board,  but  they 
shall  not  remove  or  mark  the  ballots  therein.    Said  board  of  May  summon 

,        ,       , .  .  .  ,       .  inspectors  to 

canvassers  may  summon  such  election  inspectors,  or  central  appearand 
counting  board,  before  them,  and  require  them  to  make  cor-  "?urn3?etci' 
rect  returns  in   case,  in   its  judgment,  after  examining  such 
returns,  poll  books  or  tally  sheets,  the  returns  already  made 
are  incorrect  or  incomplete,  and  they  shall  canvass  the  votes 
from  the  corrected  returns.     When  the  examination  of  such  when  boxe.s 
papers  is  completed  the  same  shall  be  returned  to  the  ballot  beretoned'" 
boxes  or  delivered  to  the  persons  entitled  by  law  to  the  same, 


S8 


STATE  OF  MICHIGAN. 


To  prepare 
statement  ot 
result. 


and  the  boxes  shall  be  locked  and  sealed  and  delivered  to  the 
legal  custodians  thereof.  When  said  canvass  shall  have  been 
finished,  the  said  board  of  county  canvassers  shall  prepare 
a  statement  setting  forth  their  findings  in  the  premises,  and 
giving  in  detail  the  number  of  ballots  cast  for  each  candi- 
date and  the  result  of  the  votes  cast  on  all  other  questions 
How  certified,  voted  ou  at  said  election.  They  shall  certify  thei-eto,  under 
their  hands,  and  the  seal  of  the  circuit  court  of  the  county. 
It  shall  also  be  the  duty  of  said  board  to  declare  the  result 
of  the  election  for  county  officers  and  members  of  the  legis- 
lature, when  the  county  alone  constitutes  one  or  more  sena- 
torial or  representatives  districts,- and  to  publish  said  result 
and  a  statement  of  votes  cast,  within  thirty  days  after  said 
election  is  held,  in  at  least  two  newspapei's  printed  and  cir- 
culating in  said  county. 


Declaratiou 
of  result. 


Result,  how 
published. 


When  two 
persons  have 
equal  number 
of  votes. 


Method  of 
drawing  lots. 


Am.  1899,   Act  224:  1901,  Act  67:   1905,   Act  43. 

See  notes  to  section   1.52. 

DUTIES  OF  BOARD:  Under  the  old  law  it  was  held  that  the  statute  re- 
lating to  the  duties  of  the  board  of  county  canvassers  evidently  contem- 
plated that  the  board  should  proceed  promptly  to  determine  the  result  of 
the  election,  and  that  no  adjournment,  except  for  the  purpose  of  having 
returns  corrected,  be  made. — Newton  v.  Canvassers.  94  /  457.  The  duties 
of  canvassing  boards  are  simply  ministerial. — People  v.  Van  Cleve.  1  /  366. 
They  are  bound  by  the  returns  and  cannot  go  behind  them,  especially  for  the 
purpose  of  determining  questions  of  fraud  in  the  election. — McQuade  v. 
Furgason,  91  /  438  :  Coll  v.  Board,  83  /  367  ;  Roemer  v.  Board.  90  /  27. 
Where  a  canvassing  board  canvassed  the  votes  as  reported  by  the  inspectors 
of  election  in  a  second  or  substituted  return  made  after  the  filing  of  the 
original  return,  mandamus  will  lie  to  compel  a  re-canvass  from  the  original 
return. — Roemer  v.  Canvassers,  90  /  30.  As  to  the  powers  and  duty  of 
county  canvassers  in  canvassing  the  returns  of  an  election  to  locate  a 
county  seat,  see  Att'y  Gen.  v.  Canvassers,  64  /  611.  As  to  canvass  of  votes 
for  state  and  county  officers,  presidential  electors,  members  of  congress  and 
members  of  legislature,   see  Pound  v.  Bd.  of  Canvassers,   120  /  181. 

(244)  §  3666.  Sec.  5.  If  it  shall  appear  on  the  canvass 
of  the  votes  polled  at  such  election  for  members  of  the  leg- 
islature or  county  officers,  that  two  or  more  persons  have 
received  an  equal  number  of  votes  for  the  same  office,  and 
that  a  failure  to  elect  to  any  office  is  caused  thereby,  such 
persons  shall  proceed  to  draw  lots  for  the  election  to  said 
office,  in  the  following  manner.  The  board  of  canvassers  for 
the  county  or  district  in  which  such  election  was  held,  shall 
appoint  a  day  for  the  appearance  of  all  such  persons  before 
the  projter  officer  hereinafter  i)rovided,  for  the  purpose  of  de- 
termining by  lot  among  such  persons  the  right  to  such  office, 
and  shall  cause  notice  thereof  to  be  given  to  all  such  persons 
interested.  The  officer  before  whom  such  drawing  is  to  take 
place  shall  prepare  as  many  slips  of  paper  as  there  are  such 
]iersons,  and  write  the  word  ''elected''  on  as  many  slips  of 
jiaper  as  there  are  offices  to  be  filled,  and  the  words  "not 
elected"  on  the  remaining  slips,  and  fold  the  same  so  as  to 
conceal  the  writing,  and  so  that  they  may  appear  as  near  alike 
•ns  possible.  Said  slips  shall  be  placed  in  a  box,  and  at 
the  time  and  place  appointed  for  the  drawing  of  said  lots, 
each  of  such  persons  aforesaid  may  draw  one  of  said  slips 
from  the  box ;  and  any  such  person  drawing  a  slip  on  which 
is  written  the  word  "elected,"  sh:il]  bo  deemed  legally  elected 


LAWS    RELATING    TO    ELECTIONg.  89 


to  the  office  in  question ;  and  the  officer  conducting  such  draw- 
ing sluill  forthwith  give  him  a  certificate  of  such  election.    If  if  tor  senatof 
the  drawings  under  tlie  provisions  of  this  section  are  for  the  uVeTnTegfa?" 
office  of  senator    or    representative  in  the  state  legislature,  '^'"'■®- 
and   the  district  exceeds  the  limits  of  a  single  county,   then 
the  drawing  shall  take  place  before  the  county  clerk  of  the 
county  where  the  district  canvass  is  held;  in  all  other  cases 
before  the  county  clerk  of  the  county  where  each  case  shall 
arise:     Provided  further,  That  in  cases  where  the  office  of  when  office  of 

,     .      .  ,  ■         i<        T  •  1     11    i   1  1  1       county  clerk 

county  clerk  is  m  question  the  drawing  shall  take  place  be-  is  in  question. 
for  the  sheriff  of  the  county. 

(245)     §  3G07.     Sec.  6.    It  shall  also  be  the  duty  of  said  county  clerk 
clerk  of  the  board  of  county  canvassers,  within  five  days  from  copfeTo? 
the  time  of  the  completion  of  said  canvass,  to  send  by  regis-  canvass. 
tered  mail  three  certified  copies  of  the  same,  so  far  as  it  shall 
relate  to  the  vote  for  state  officers,  electors  for  ])resident  and 
vice  ju-esident  of  the  United  States,  members  of  congi-ess  of 
the  United  States,  state  senators,  representatives  in  the  state 
legislature,    and    amendments    to    the    constitution,    together 
with  a  certificate  of  authenticity  signed  by  himself  and  the 
chairman  of  the  board  of  canvassers;  one  to  the  governor.  To  whom 
one  to  the  secretary  of  state,  and  one  to  the  state  treasurer.  ^°™'^''^^  • 
The  original  shall  be  kept  on  file  in  the  office  of  the  county 
clerk. 

(24G)     S  36GS.     Sec.  7.     It  shall  be  the  duty  of  the  county  secretary  of 

T  state  to  re- 

clerk  to  furnish  certified  copies  of  the  original  of  said  canvass  ceivecopy 
on  file  in  his  office  to  the  secretary  of  state  upon  the  request  upon  request. 
of  said  secretary  of  state,  and  without  charge.  And  if  upon 
receipt  of  said  certified  copies  by  the  secretary  of  state,  there 
sliall  ajjpear  to  be  clerical  errors  in  the  same,  it  shall  be  the 
duty  of  the  county  clerk,  upon  written  request  of  the  secre- 
lary  of  state  so  to  do  to  forthwith  jn-epare  corrected  copies  of 
said  original  canvass  on  file  in  his  office  and  transmit  the 
same  in  (he  manner  prescribed  in  section  six  of  this  act. 

(247)  §  3(JG9.     Sec.  8.     In  case  the  clerk  of  the  board  of  Penf«yj,f'"' 
county  canvas.sers  shall  neglect  or  refuse  to  perform,  in  the  county  clerk. 
manner  herein  prescribed,  any  of  tlie  duties  hereinbefore  set 

forth,  he  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon 
conviction  shall  be  liable  to  pay  a  fine  of  not  less  than  fifty 
nor  more  than  two  hundred  dollars,  or  be  imprisoned  in  the 
county  jail  not  less  than  thirty  nor  more  than  ninety  days. 

(248)  i;  o()7().     Sec.    9.     Anv    member   of   said    board    of  Penalty  in 

,  1  1     1 1    1 '  -1  •    I    J.  c    2-1       case  of  failure 

county  canvassers  who  shall  knowingly  violate  any  of  the  or  fraudulent 
jji'ovisions  of  this  act  or  shall  wilfully  neglect  or  refuse  to  per-  returns. 
form  any  duties  enjoined  upon  him  hereby,  or  shall  sign  any 
fraudulent  return,  or  shall  change  any  word,  letter  or  figure 
in  said  returns  as  made  by  the  board  of  canvassers,  except  as 
hereinbefore  provided,  with  intention  to  defraud,  shall  be 
deemed  guilty  of  a  felony,  and  upon  conviction  thereof,  shall 
be  punished  by  a  fine  not  to  exceed  one  thousand  dollars  or 
imprisonment  in  the  state  prison  not  to  exceed  five  years,  or 


90 


STATE  OF  MICHIGAN. 


Who  may 
petition  for 
recount. 


When  filed. 


both   such  fine  and  impri.sonment  in  the  discretion   of   the 
court. 

(240)  §  3671.  Sec.  10.  Any  candidate  voted  for  at  any 
election  at  wliicli  state,  county  or  district  oflicers  are  voted 
for,  or  any  qualified  elector  voting  at  the  last  preceding  elec- 
tion where  a  constitutional  amendment  or  any  other  proposi- 
tion had  been  voted  on,  who  conceives  himself  aggrieved  on 
account  of  any  fraud  or  mistake  in  the  canvass  of  the  votes 
by  the  inspectors  of  election  or  the  returns  made  by  said 
inspectors  may.  on  or  before  the  close  of  the  last  day  upon 
which  the  board  of  county  canvassers  meets,  present  to  and 
file  with  the  clerk  of  such  board  a  written  petition  which  .shall 
be  sworn  to,  setting  forth  as  near  as  may  be  the  nature  of 
the  mistakes  or  frauds  complained  of,  and  the  township,  ward 
or  district  in  v\liich  they  occur,  and  asking  for  a  correction 
thereof.  He  shall  at  the  same  time  deposit  with  the  clerk 
of  said  board  the  sum  of  ten  dollars  for  each  and  every 
township,  ward  or  district  referred  to  in  his  petition :  Pro- 
vided, That  no  candidate  or  qualified  elector  shall  be  required 
to  deposit  more  than  one  hundred  dollars,  which  sum  shall 
be  paid  in  case  such  petitioner  does  not  establish  a  fraud 
or  mistake  as  set  forth  in  his  petition,  by  the  clerk  of  the  board 
of  county  canvassers  to  the  county  treasurer,  for  the  use  of 
the  county. 


Deposit. 


Proviso. 


Am.    1913,    Act   352. 

Held,  th-it  a  candid.nte  for  a  state  office,  such  as  circuit  judge,  is  not 
entitled  to  a  recount  under  this  act. — Pound  v.  Board  of  Canvassers,  120/ 
181;  Atfy  Gen.  v.  Campbell.  130/285;  Att'y  Gen.  v.  Campbell,  132/82. 
See   Bradley  v.  St.  Board  of  Canvassers,   154  /  274. 


To  notify 
opposing 
candidate 
and  in- 
vestigate. 


To  open 
ballot  boxes. 


When  recount 
is  completed. 


(250)  §3072.  Sec.  11.  Upon  filing  the  petition  and  mak- 
ing the  deposit  required  in  the  preceding  section,  and  giving 
at  least  twelve  houi's'  written  notice  thereof  to  the  opposing 
candidate,  by  handing  to  such  candidate  a  copy  thereof,  or, 
if  such  candidate  cannot  be  found,  hy  leaving  such  cojiy  at 
his  la.st  place  of  residence,  but  no  notice  shall  be  required 
upon  any  petition  filed  for  a  recount  of  the  votes  cast  for 
or  against  any  constitutional  amendment  or  any  other  propo- 
sition, it  shall  be  the  duty  of  such  board  of  canvassers  to  in- 
vestigate the  facts  set  forth  in  said  petition.  For  such  pur- 
pose the  said  board  shall  have  power  to  cause  the  ballot  boxes 
used  in  such  election  districts  to  be  brought  before  it.  The 
board  shall,  thereupon,  in  some  public  place  where  such  can- 
didates or  persons  interested  in  such  proposition,  and  their 
counsel  may  be  present,  if  they  so  desire,  proceed  forthwith 
to  open  the  ballot  boxes  from  such  districts,  townships  or 
wards,  and  to  make  a  i*ecount  thereof  as  to  such  candidates, 
and  make  correct  and  full  return  in  writing  under  its  hands 
to  said  board,  showing  the  full  number  of  votes  given,  the 
names  of  the  candidates,  and  the  nimiber  of  votes  given 
to  each,  and  the  number  of  votes  cast  for  and  against  consti- 
tutional amendments  or  other  propositions,  written  out  in 
words  and  figui'es  as  upon  the  ballot.  As  soon  as  the  recount 
is  completed,  said  board  shall  at  once  return  the  ballots  to 


I 


LAWS    RELATING   TO    ELECTIONS.  51 

their  respective  boxes,  carefully  fasten  and  seal  the  same,  and 
deliver  them  to  the  officer  having  the  care  and  custody  thereof. 
The  returns  made  by  the  said  board  of  canvassers  upon  re- 
count shall  be  deemed  to  be  correct,  anything  in  the  previous 
return  from  such  townshij),  ward  or  district,  to  the  contrary 
notwithstanding. 

.\m.   Id. 

Sue   citations   under   previous   section. 

(251)  §  3673.     Sec.   12.     Any  candidate  not   receiving  a  Certiorari  to 
certificate   of   election,    or   any  "qualified    elector    voting    j,t  '^"'™'*'=°"'''- 
the  last  preceding  election  where  the  constitutional  amend- 
ment or  any  other  proposition  has  been  voted  on,  may,  for 

error  apparent  upon  the  face  of  the  returns,  have  the  same 

examined  and  corrected  upon  certiorari  to  the  circuit  coiirt 

of  the  county,  according  to  the  rules  and  practices  applicable 

to   such  rights.     In  all  cases  where,  bv  reason  of  such  re- wiiere  fraud, 

count,  the  petitioner  succeeds  in   establishing  fraud  or  mis-  tabiisiied. 

take  as  set  forth  in  his  petition,  and  receives  a  certiticate 

of  election,  or  the  majority  of  the  votes  cast   is  increased 

and  changes  in  favor  of  the  petitioner,  the  money  deposited 

by  him  shall  be  i-efunded.     For  fraudulent  or  illegal  voting, 

or  tampering  with  the  ballot  boxes  before  a  recount  by  the 

board  of  canva.ssers,  the  remedy  bj'  quo  warranto  shall  re-  Quo  warranto. 

main   in   full   force  together  with   any  other   remedies   now 

existing. 

.\m.    Id. 

(252)  §  3074.     Sec.  13.     The  provisions  of  this  act  shall  Act  to  apply 
apply  to  special  elections  to  till  vacancies  in  any  of  the  offices  e?e?«ont.^ 
mentioned  in  section  four  of  this  act,  and  at  all  elections  at 

wliicli  any  proposition   shall  Ite  subniKted  to  the  electors  of 
any  county. 

Section    14    repeals    "all    acts    or    parts    of    acts    conti-avenini;   tlie    provisions 
of  tliis  .act." 


SPECIAL  CANVASS  FOR  STATE  SENATOR  AND  REPRESEN- 
TATIVE TO  FILL  VACANCIES. 

.An  Act  to  provide  for  a  special  canvass  of  votes  cast  in  elections  to 
fill  vacancies  in  the  office  of  state  senator  and  representative  held 
during  a  session  of  the  legislature. 

[Act    24,    P.    A.    1S05.1 

The  People  of  the  ^tufe  of  Michigan  enact: 

(253)  §  3001.  Section  1.  That  in  ca.se  of  a  sjiecial  elec-  Board  of  can- 
tion  held  to  fill  a  vacancy  in  the  oflice  of  state  senator  or  of  j'o  m^eet.'"''*''" 
representative  in  the  state  legislature  during  a  .session  of  the 


92 


STATE  OF  MICHIGAN. 


legislature,  the  board  of  county  canvassers  shall  meet  on  the 
Thursday  next  succeeding  the  day  on  which  the  election  is 
held,  and  the  board  of  district  canvassers  shall  meet  on  the 
succeeding  Saturday,  and  shall  make  the  canvass  and  declare 
tbe  result  of  such  election  as  now  provided  by  law  in  case  of 
general  elections  in  this  state. 


UNIFORMITY  IN  RETURNS. 


An  Act   to  secure  imiformity   in  election   returns. 


[Act    49,    S.    L.    1867.] 


Secretary  of 
state  to  fur- 
nish blanks. 


Duty  of 

county   clerks. 


The  People  of  the  State  of  Michigan  enact: 

(254)  §  37:J.S.  Secttox  1.  That  the  secretary  of  state  lie 
required  to  prepare  and  transmit,  at  least  sixty  days  before 
any  general  or  sjiecial  election  at  which  other  than  townshij) 
officers  are  to  be  elected,  to  the  several  county  clerks,  suitable 
blank  forms,  to  enable  inspectors  of  elections  and  townshi)) 
or  city  clerks  to  make  returns  of  elections  to  the  respective 
countv  or  district  board  of  canvassers. 

(255)  §  3734.  Sec.  2.  That  the 
shall,  after  receiving  the  blank  forms 
before  any  general  or  special  election, 
be  elected  requiring  the  transmission  of  a  statement  of  votes 
to  a  board  of  canvassers,  deliver  to  the  several  to\\T3ship  or 
city  clerks  of  their  respective  counties  a  sufiicient  number  of 
such  blank  forms  to  enable  said  township  or  city  clerks  and 
inspectors  of  elections  to  make  returns  of  such  general  or 
special  election  to  the  respective  boards  of  canvassers  as  re- 
quired by  law. 


several  county  clerks 
and  at  least  ten  days 
at  which  officers  shall 


CORRECTION  OF  FRAUDS  AND  ERRORS  IN  RETURNS. 

An  Act  to  provide  for  the  correction  of  frauds  and  mistakes   in  the 
canvass  and  returns  made  by  inspectors  of  elections. 


[Act   208,    P.   A.    1887.] 

The  People  of  the  State  of  Michigan  enact: 

Petition  for  (256)     §  3725.     SECTION  1.     That  any  candidate  voted  for 

can'vas3°to°      at  auv  election,  conceiving  himself  aggrieved  on  account  of 
whom  made,    j,Qy  fraud  or  mistake  in  the  canvass  of  the  votes  by  the  in- 
spectors of  election,   or  in   the   returns   made,   may    (within 
three  days  after  the  conclusion  of  a  township  canvass,  if  a 
tOAvnship  office)  or  on  or  before  the  close  of  the  last  day  upon 


LAWS  RELATING  TO  ELECTIONS.  93 

which  the  board  of  city  canvassers  meet,  if  a  citj'  or  ward 
office,    or   board    of  villaj;e    canvassers,    if   a    village   office, 
j>resent  to  and  file  with  the  clerk  of  such  board  a  written 
petition,  which  shall  be  sworn  to,  setting  forth,  as  near  as 
may  be,  the  errors,  mistakes  or  frauds  complained  of,  and  the 
townshij),  ward  or  village  in  which  they  occur,  and  asking  for 
a  correction  thereof.    He  shall  at  the  same  time  deposit  with 
the  clerk  of  said  board  the  sum  of  ten  dollars  for  each  and 
every  township,  ward  or  village  referred  to  in  his  petition: 
I'rovided,    That    no    candidate   shall    Iw    re(piired   to   deposit  Proviso,  limit- 
more  than  one  hundred  dollars,  which  sum  shall  be  i)aid  in  d"epo^t!"" 
case  such  petitioner  does  not  establish  a  fraud  or  mistake,  as 
set  forth  in  his  petition,  by  the  clerk  of  the  board  of  city 
canvassers,  to  the  city  treasurer  for  the  use  of  the  city  and 
by  the  clerk  of  the  village  to  the  village  treasurer  and  by  the 
lownshi])  clerk  to  the  townshi])  treasurer  for  the  use  of  the 
city,  village  or  townshij),  as  the  case  may  be.     Upon  filing  when  board 
such  petition,  making  such  deposit  and  giving  at  least  twelve  ?o  ma'ke'fn-" 
hours'   written   notice   thereof  to  the  opjiosing  candidate  by  vestigation. 
handing  to  such  candidate  a  cojiy  thereof,  or  if  such  candi- 
date cannot  be  found,  by  leaving  such  copy  at  the  last  place 
of  residence,  it  shall  be  the  duty  of  such  board  of  canvassers 
to  proceed  to  make  an  investigation  of  the  facts  set  forth  in 
said  ])etition.     For  which  purjiose  the  clerk,   if  no  meeting  cierii  to  call 
be  already  aiii)ointed,  shall   call  a  meeting  of  such  board  of  ^*a'||""°' 
canvassers  and  the  said  board  shall  have  power  to  cause  the 
ballot  boxes  used  in  such  election  districts  to  be  brought  be- 
fore them.     The  said   board  shall  thereupon  appoint  a   com- 
mittee of  their  own  number  as  follows:    The  said  board  shall  Hpw  corn- 
designate  a  member  who  .shall  be  the  chairman  of  said  com-  investigation 
niittee,  the  candidate  presenting  such  petition  and  the  can-  appointed. 
didate  opposed  thereto  shall  each  choose  a  member,  and  if 
such  candidates,  or  either  of  them,  decline  to  clioo.se  a  mem- 
ber,   then    the   board    shall    designate,    and    the    three    thus 
chosen  shall  constitute  a  committee  to  inve.stigate  the  errors, 
mistakes  or  frauds  complained  of.     8aid  committee  shall,  in  Committee  to 
some  jiublic  ])lacc.  where  such  candidates  and  their  counsel  S'^baiiot™""' 
may  be  present,  if  they  so  desire,  without  unnecessary  delay 
proceed  to  open  the  ballot  boxes  from  such  village,  townships 
or  wards,  and  to  make  a  recount  thereof  as  to  such  candi- 
dates, and  make  correct  and  full  returns  in  writing  under 
their  hands  to  said  board,  showing  the  whole  number  of  votes 
given,  the  names  of  the  candidates,  and  the  number  of  votes 
given  to  each,  written  out  in  words  and  figures  as  upon  the 
ballots.      Said  committee,   ujion    making  such   recount,   shall  Ballots  to  be 
at  once  return  the  ballots  to  their  resjiective  boxes,  carefully  box^eT*""" 
fasten  and  seal  the  same  and  deliver  Ihein  to  the  officer  hav- 
ing the  care  and  custody  thereof.    Said  board  of  canvassers.  Report  of 
upon  receiving  the  report  of  such  committee,  shall  accept  the  beTccepted'" 
same  as  correct,  anything  in  the  previous  declaration,  certifi-  as  correct. 
cate  or  returns  from  such  township,  ward  or  village  to  the 


94 


STATE  OF  MICHIGAN. 


Appeal  to  cir- 
cuit court. 


When  deposit 
to  be  returned 
to  petitioner. 


Remedy  for 
fraudulent 
voting,  etc. 


Final  adjourn- 
ment subject 
to  recall. 


contrary  notwithstanding.  Any  candidate  not  receiving  a 
certificate  of  election,  may  for  errors  ajiparent  upon  tlie  face 
of  the  returns  have  the  same  examined  and  corrected  upon 
certiorari  to  the  circuit  court  of  the  county,  according  to  tlie 
rules  and  practice  applicable  to  such  writs.  In  all  cases 
where,  by  reason  of  such  recount,  the  petitioner  succeeds  in 
establishing  a  fraud  or  mistake,  as  set  forth  in  his  petition, 
and  receive  a  certificate  of  election,  the  money  deposited  by 
him  shall  be  refunded.  For  fraudulent  or  illegal  voting,  or 
tampering  with  the  ballot  boxes  before  a  recount  by  the  board 
of  canvassers,  the  remedy  by  quo  warranto  shall  remain  in 
full  force,  together  with  any  other  remedies  now  existing. 
The  usual  final  adjournment  of  a  township  board  of  can- 
\assers  shall  lie  deemed  subject  to  the  recall  of  the  board  as 
herein  provided. 

PURPOSE  OF  THE  LAW :  It  was  intended  by  this  act  to  give  a  party 
affiirieved  b.v  the  action  of  the  inspectors  of  election  and  the  board  of  cit.v 
canvassers  the  richt  to  a  recount  of  the  votes  cast  for  and  against  him  for 
the  ofBce  for  which  he  was  a  candidate,  in  the  first  instance  at  least,  if  he 
should  desire  it.  witliout  resort  to  proceedings  by  nuo  warranto. — McKenzie 
v.  Canvassers.  70/151;  May  v.  Canvassers.  94  /  .510.  The  evident  purpose 
of  this  act  was  to  provide  for  a  recount  antecedent  to  the  determination  by 
the  county  canvassers  of  the  nuralier  of  votes  cast  for  the  office  as  to  whicii 
tlie  recount  is  applied  for.  It  was  clearly  intended  that,  in  case  of  various 
contests  arisinir  Ijefore  the  board,  different  committees  could  be  appointed 
and  the  count  in  ail  cases  proceed  at  once.  The  board  acting  on  a  contest 
may  well  be  lield  to  constitute  a  special  trilninai.  when  in  session,  only  for 
the*  purpose  of  consideriner  such  contest.  It  was  not  the  leeislative  intent 
that  a  presentation  of  the  application  to  the  bod.y,  when  so  actins.  and  after 
a  full  performance  and  determination  of  the  result  as  to  the  candidates  for 
other  offices  should  entitle  the  party  presentina;  such  petition  to  a  recount. 
— Newton  v.  Canvassers,  94/458.  Electors  are  not  to  be  deprived  of  the 
result  of  their  votes  by  the  mere  mistal^es  of  election  officers  which  do  not 
appear  to  have  affected  the  result.  But,  on  the  other  hand,  where  fraud 
appears  upon  the  part  of  the  inspectors,  the  voter  must  sometimes  be  de- 
prived of  his  vote :  and  this  must  always  be  the  case  where  mandatory  pro- 
visions of  tlie  election  law  are  disrescarded,  if  the  result  would  be  thereliy 
chanced. — ."ift'y  Gen.  v.  Stilison,  lOS/419.  The  board  of  canvassers,  on 
return  of  the*  rnport  of  a  recount  committee  appointed  under  this  section, 
are  under  no  duty  to  correct  errors  of  tlie  committee  not  shown  on  the  face 
of   their   report. — *.\twood    v.    Sault    Ste.    Marie.    141/295. 

Tlie  only  way  to  try  titles  to  office  finally  and  conclusively  Is  by  quo  war- 
ranto.— Frey  v,"  Michie,  68/324.  Lachance  v.  Mackinac  Co.  Canvassers,  157/ 
679. 

Where  respondent,  a  candidate  for  election  as  supervisor,  was  also  a  mem- 
ber of  tlie  board  of  election  canvassers,  and  signed  the  report  of  a  recount  de- 
claring; respondent  elected,  but  a  majority  of  the  board  without  countins  re- 
spondent sicned  the  report,  it  was  valid  and  conclusive  of  the  facts  stated 
tlierein. — Miner    v.    Beurmann,    165 /G72. 

ENFORCE.ABLE  BY  M.\ND.\MUS :  The  risht  to  a  recount,  upon  com- 
pliance with  the  provisions  of  this  act,  is  enforceable,  by  mandamus. — May 
V.  Canvassers.  94  /  510  ;  McKenzie  v.  Canvassers,  70  /  147  ;  Packard  v.  Can- 
vassers,   04  /  450. 

APPLICATION  TOO  LATE :  An  application  by  a  candidate  for  supreme 
Judge  to  a  board  of  county  canvassers  under  this  act  made  on  the  last  day  on 
which  the  state  canvassers  can  canvass  the  returns  and  issue  the  certificate 
of  election,  is  not  in  time, — Newton  v.  Canvassers,  94  /  455 ;  Drennan  v. 
Com.    Council.    106/117. 

WHEN  .\CT  DOES  NOT  .APPLY :  This  act  and  the  next  following  do 
not  apply  in  the  case  of  memliers  of  a  common  council  in  a  city  whose  coun- 
cil is  made  tl'e  sole  judge  of  the  election  of  its  members. — Weston  v.  Probate 
.Tudge.  GO  /  ono  :  Naumann  v.  Canvassers.  73  /  252  :  .Aud.  Gen.  v.  Supervisors. 
89/567:  Hilton  v.  Grand  Rapids  Com.  Council.  112/500.  But  these  acts 
apply  in  cases  where  the  council  is  not  made  liy  the  charter  the  judge  of 
the  *election  and  qualification  of  its  own  memliers. — McKenzie  v.  Canvassi'rs. 
70  / 147.  These  acts  do  not  apply  to  the  office  of  state  senator. — Wheeler 
V.  Canvassers,  94  /  448.  Nor  congressmen. — Belknap  v.  Canvassers,  94  /  516. 
Nor   circuit    judge. — Vance   v.    Canvassers.    9o  /  462. 

EFFECT  OF  RECOUNT  MADE:  When  the  board  has  recounted  and  de- 
cl.ared  the  result,  it  becomes  functus  officio  and  the  remedy  of  the  party 
claiming  to  be  aggrieved  is  by  a  quo  warranto  proceeding  to  test  the  valid- 
ity  of   the  election. — Packard   v.   Canvassers.   94  /  451. 

*VOTING  MACHINES :  Application  of  this  section  when  voting  machines 
are   used. — Trumbull   v.    Bd.   of   Canvassers,    140  /  537. 


LAWS    RELATING    TO    ELECTIONS. 


See  also  Lamoreaux  v.  Atfy  Gen..   89/146;  Jolmson  v.  Bd.   of  Canvassers, 
101/101;    Keith   v.   Wendt,   144/49;   ^ya^d  v.    Culver,   144/57,   71. 


PRESERVATION  OF  EVIDENCE  OF  ERROR  OR  FRAUD. 

An  Act  to  preserve  evidence  of  error  or  fraud  in  tlie  counting  of  bal- 
lots and  in  elections  [election]  returns,  and  in  tlie  count  of  in- 
spectors of  elections  [election]  and  the  declaration  of  the  board  of 
canvassers  in  contested  elections. 

[Act   293,    P.   A.    1887.] 

The  People  of  the  State  of  Michigan  enact: 

(257)     §  3726.     Section  1.     That  any  candidate  voted  for  petition  to 
at  any  election  in  this  state  intendiiis  to  contest  the  same.  ^Pcandidllr 
may,  after  the  decision  of  the  board  of  canvassers  and  with-  |.'i'n\est'e1e*c° 
out  waiting  to  commence  quo  warranto  proceedings,  by  peti-  tion. 
tion  to  the  probate  judge  of  the  county  in  which  the  election 
is  held,  cause  tlie  ballot  boxes,  or  such  number  of  them  as  he 
may  si)oc!fy  in  his  petition,  to  be  brought  before  the  board 
of  examiners  created  by  section  six  of  this  act,  and  by  said 
board  to  be  opened  and  the  ballots  therein  counted:     Pro- Proviso  as  to 
vidod.  That  at  the  time  of  filing  such  petition  he  shall  de-  '^""^  p'""°"- 
]i(isit  thirty  dollars  with  such  judge  of  probate,  which  amount 
shall  be  disposed  of  as  hereinafter  ])rovided. 

See  notes  to  preceding  act.  The  supreme  court  has  held  this  act  too  de- 
fective to  lie  executed,  unless  by  common  consent. — Andrews  v.  Probate 
.ludire.    74  /  278. 

PETITION :  The  petition  must  show  whom  the  canvassers  have  decided 
to  lie  elected  in  order  tl'at  notice  of  the  contest  may  be  given  him. — .\ndrews 
V.    Probate   .Tudse,   74  /  278. 

This  act  does  not  apply  to  a  city  whose  common  council  is  diarped  with 
tlie  duty  of  canvassing  tlie  votes  cast  for.  and  given  tlie  exclusive  right  to 
iletermine  the  election,  and  qualification  of.  the  officers  whose  election  is 
sought  to  be  contested,  which  duty  it  has  discharged,  and  right  exercised, 
without  objection  by  any  one. — Weston  v.  Probate  Judge,  69/600;  Nau- 
mann  v.  Board   of  City   Canvassers.   73/252. 

See  Hilton  v.  Gd.    Rapids  Com.   Council,  112/501. 

(2,~)S)      ?  :!727.     Sec.  2.     Said  iietifion  sliall  set  forth  that  what  petition 

ji  j-i-  J- J    X      i'        ii  n^  1    •         11       1  •        shall  set  forth. 

the  petitioner  was  a  candidate  fur  the  oUKe  claimed  by  him, 
and  by  him  intended  to  be  contested,  and  that  he  received 
votes  therefor;  that  he  has  good  reason  to  believe  and  does 
believe  either — 

First,  That  there  was  error  or  fraud  in  the  count  or  in  the 
rclurns  of  the  inspectors  of  elections;  or. 

Second.  That  there  was  error  or  fraud  in  the  count  or  de- 
termination of  the  board  of  canvassers;  or. 

Third.  That  there  was  error  or  fraud  in  both,  and  that  it 
is  his  bona  ft«le  intention  U>  contest  the  count  and  returns  of 
the  inspectors  of  election,  or  the  count  or  determined  result 
of  the  board  of  canvassers  of  said  election,  or  of  both,  and 
further  stating  that  he  believes  that  unless  the  ballot  boxes 


96 


STATE  OF  MICHIGAN. 


are  opened  and  the  ballots  therein  counted  without  unneces- 
sary delay  his  rights  will  be  jeopardized.  Said  petition  shall 
be  in  writing,  and  shall  be  subscribed  and  sworn  to  by  the 
petitioner,  or  by  some  one  in  his  behalf,  and  a  copy  thereof 
shall  be  seryed  upon  the  person  or  persons  who  were  can- 
didates for  said  office  at  said  election. 

Andrews  v.   Judge  of  Probate,   74  /  278. 


Duty  of  pro- 
bate judge 
upon  filing 
petition. 


(259)  §  3728.  Sec.  3.  Upon  the  filing  of  said  petition 
the  probate  judge  sliall  notify  the  members  of  the  board  of 
examiners  created  by  section  six  of  tliis  act  of  the  filing  of 
the  said  petition  and  shall  in  the  notice  appoint  a  time  and 
place  for  the  board  of  examiners  to  meet,  and  shall  issue 
an  order  causing  the  ballot  boxes  to  be  brought  before  the 
board  of  examiners  created  by  section  six  of  this  act  at  a 
place  and  at  a  time  specified  in  the  order,  which  shall  not  be 
less  than  two,  nor  nKU'e  than  ten  days  from  the  issuing  there- 
of; and  a  copy  of  said  order  shall  be  seryed  upon  the  persons 
whose  election  is  to  be  contested,  and  also  upon  the  officer  in 
whose  custody  is  kept  the  ballot  boxes  of  said  election,  whose 
duty  it  shall  be  to  produce  said  boxes  before  said  board  of 
examiners  at  the  time  and  place  named  in  said  order. 

This  act  is  too  defective  to  be  carried  into  execution  except  by  common 
consent,  in  fliis  :  (a) — No  provision  is  made  for  tlie  appointment  of  a  time 
wben  tlie  board  of  examiners  wiU  be  appointed,  or  for  tlie  notice  to  tbe  suc- 
cessful candidate  to  appear  and  take  part  in  the  formation  of  the  board, 
(b) — There  is  no  provision  for  a  case  where  the  examiners  appointed  refuse 
to  serve  nor  any  requiring  them  to  talie  an  oath  before  proceeding  to  the 
discharge  of  their  duties.  (c) — Tbe  act  should  require  the  inspectors  en- 
trusted with  the  key  and  election  seal,  as  well  as  the  clerk,  to  appear  before 
the  board   of  examiners. — Andrews   v.  Judge  of  Probate,  74  /  278. 


When  ballot  (260)  §  3729.  Sec.  4.  Upon  the  day  and  at  the  place 
b?ou|ht'be-  specified  in  the  order  the  boxes  shall  be  brought  before  the 
S'^Ll'lSilJofo'^'^  board  of  examiners  created  by  section  six  in  [of]  this  act, 
etc.  and  ojiencd  by  and  in  Ihe  presence  of  the  board  of  examiners 

and  the  judge  of  probate,  and  Ihe  ballots  therein  shall  be 
counted  by  said  board.  And  the  Ijoard  of  examiners  aboye 
mentioned  shall  proceed  to  count  the  ballots  in  said  boxes, 
and  continue  the  same  from  day  to  day  until  the  completion 
of  the  count  thereof,  and  shall  make  a  statement  in  writing 
of  the  result  of  the  said  count,  and  each  member  thereof  shall 
sign  the  same,  and  it  shall  be  sworn  to  by  each  member  of 
said  board  before  the  judge  of  probate  and  the  said  sworn 
statement  shall  be  deposited  by  Ihe  judge  of  jirobate  in  the 
office  of  the  county  clerk,  and  shall  be  conclusiye  eyidence  in 
any  subsequent  proceeding  at  law  of  the  ballots  cast  in  boxes 
so  opened. 

Andrews   v.    Probate   Judge,    74  /  2S5. 

Ballots,  after  (261)  §  3730.  Sec.  5.  After  the  ballots  are  counted  they 
sha"fbe°s"eated:  ^ball  be  placed  back  in  the  boxes  and  sealed  up  by  said  board 

and  returned  to  the  officer  who  is  by  law  entrusted  with  the 

custody  thereof. 


I 


LAWS   RELATING    TO    ELECTIONS.  97 

(262)     §  8731.     Sec.  6.     The  board  of  examiners  to  carry  Board  of  ex- 
iiito  effect  tlie  provisions  of  tliis  act  sliall  consist  of  three  per-  whom"^to  con- 
sons,  who  sliall  be  electors  of  the  connly  in  whicli  proceedings  sist,  etc. 
are  had,  one  a]i])ointed  by  the  candidjite  presenting  snch  peti- 
tion, one  by  the  candidate  opposed  tliereto,  and  one  by  the 
jndge  of  probate.    Tliey  sliall  sit  together  before  the  judge  of 
probate  [probate  judge]  at  the  time  and  place  specified  in  his 
order,  and  said  probate  judge  shall  preside  over  all  meetings 
of  said  board  in  accordance  with  the  provisions  of  this  act. 
If  the  candidate  jn-csenting  such  petition  or  the  candidate 
opposed  thereto  shall  decline  to  so  choose  a  member  then  the 
judge  of  i>rol)ate  shall   designate,  and  the  three  thus  chosen 
shall  constitute  the  board  of  examiners :     Provided,  however,  Proviso. 
That  when  there  is  a  recount  demanded  of  the  ballots  cast 
for  the  office  of  judge  of  probate  then  the  county  clerk  shall  , 

serve  in  the  place  of  the  judge  of  probate  and  perform  the 
duties  herein  imjiosed  upon  the  judge  of  probate  in  other 
cases. 

(2C3)      §3732.     Sec.  7.     Whenever    a    contestant,    in    the  when  fee  de- 
opinion  of   the  board  of  examiners  created  under  this  act,  judge  to^be 
establishes  the  truth  of  his  allegations  in  his  petition  for  a  conteatant" 
recount,  the  fee  of  thirty  dollars  deposited  with  the  judge  of 
probate  as  i)rovided   foi-  in  section  one  shall  be  returned  to 
him.     If  he  does  not  establish   the  truth  of  his  allegations, 
then  in  such  case  the  fee  shall  be  i)aid  to  the  county  treas- 
urer to  be  pnt  into  the  contingent  fund  of  the  county. 

Section   S  repeals  ".Ml  mis  or  parts  ot  acts   contravening  tlie  provisions  of 
tills  act." 


I 


RECOUNT  BY  SUPERVISORS. 

An   Act  to   provide   for   a    recount  of  votes   canvassed   by  boards  of 

supervisors. 

[Act  327,   P.   A.    1913.] 

The  People  of  the  State  of  Michigan  enact: 

(2C>i)     Section  1.    Whenever  a  proposition  is  submitted  to  wiio ami  when 
the  electors,  and  the  votes  cast  upon  said  proposition  are  can-  may  petition. 
vassed  by  the  board  of  supervisors  of  the  county,  any  person 
voting  in  the  county  at  the  election  at  whicli  such  a  propo- 
sition  has  been  submitted,  who  conceives  him.seif  aggrieved 
on  account  of  any  fraud  or  mistake  in  the  canvass  of  the 
votes  by  inspectors  of  election  or  the  returns  made  by  said 
inspectors,  may,  on  or  before  the  close  of  the  last  day  of  the 
session  of  the  board  of  supervisors  at  which  said  votes  are 
canvassed,  present  to,   and  file  with,  or  cause    to    be    pre- where  aied. 
sented  to,  or  filed  witli,  the  clerk  of  said  board,  a  written 
petition  which   shall  be  sworn  to,  by  himself,  his  agent  or 
13 


08 


STATE  OF  MICHIGAN. 


Deposit. 


Proviso,  when 
fraud  not 
eatablislied. 


Appointment 
of  committee. 


attorney,  setting  forth,  as  near  as  may  be  the  nature  of  the 
mistakes  or  frauds  complained  of  and  the  township,  ward  or 
district  in  which  they  occur,  and  asking  for  a  correction 
tliereof.  He  shall  at  the  same  time  deposit  or  cause  to  de- 
posit with  the  clerk  of  said  board  the  sum  of  ten  dollars  for 
each  and  every  township,  ward  or  district  referred  to  in  his 
petition :  Provided,  however.  That  no  petitioner  shall  be 
required  to  deposit  more  than  one  hundred  dollars,  which 
sum  shall  be  paid  in  case  such  petitioner  does  not  establish 
suflScient  fraud  or  mistake  to  change  the  result  complained  of 
as  set  forth  in  his  petition  by  the  clerk  of  the  board  of  super- 
^isors  to  the  county  treasurer,  for  the  use  of  the  county. 

(265)  Sec.  2.  Upon  filing  the  petition  and  making  the  de- 
posit required  in  the  preceding  section,  it  shall  be  the  duty  of 
the  board  of  supervisors  to  appoint  a  committee  from  its  mem- 
bership to  investigate  the  facts  set  forth  in  said  petition. 
For  such  purpose  the  said  board  shall  have  po^er  to  cause 
the  ballot  boxes  used  in  such  election  districts  to  be  brought 
before  said  committee.  Said  committee  shall  thereupon  in 
some  public  place  where  tlie  persons  interested,  and  their 
counsel,  if  they  so  desire,  may  be  present,  proceed  forthwith 
to  open  the  ballot  boxes  from  such  districts,  townships  or 
wards  and  to  make  a  recount  thereof  as  to  said  proposition, 
and  for  the  purpose  of  recounting  the  votes  upon  said  ques- 
tion, said  board  shall  have  the  right  to  subpoena  witnesses, 
administer  oaths,  and  take  all  necessary  proceedings  to  in- 
sure a  correct  count  of  the  votes  cast  upon  the  proposition, 
and  make  correct  and  full  retuj'n  in  writing  under  their 
hands  to  said  board,  showing  the  full  number  of  votes  given, 
the  number  of  votes  in  favor  of  said  proposition,  and  the 
number  of  votes  against  said  proposition.  As  soon  as  the 
recount  is  completed,  said  board  shall  at  once  return  the 
ballots  to  their  respective  boxes,   carefully  fasten  and  seal 


Witnesses, 
oaths,  etc. 


Recount,  when 
completed. 


Certiorari  to 
circuit  court. 


When  fraud 
established. 


the  same,  and  deliver  them  to  the  officer  having  the  care 
and  custody  thereof.  The  returns  made  by  the  said  board 
of  supervisors  upon  recount  shall  be  deemed  to  be  correct, 
anything  in  the  previous  return  from  such  township,  ward 
or  district  to  the  contrary  notwithstanding. 

(266)  Sec.  3.  Any  person,  may,  for  error  apparent  upon 
the  face  of  the  returns  have  the  same  examined  and  corrected 
upon  certiorari  to  the  circuit  court  of  said  county  according 
to  the  rules  and  practices  applicable  to  such  rights.  In  all 
cases  where,  by  reason  of  such  recount,  the  petitioner  suc- 
ceeds in  establishing  sufificient  fraud  or  mistake  to  change  the 
result  reached  by  the  board  of  supervisors  as  set  forth  in  his 
petition,  the  money  deposited  by  him  shall  be  refunded. 
Otherwise  said  money  shall  be  paid  into  the  county  treasury 
as  provided  for  in  section  one.  For  fraudulent  or  illegal 
voting  or  tampering  with  the  ballot  boxes  before  a  recount 
by  the  board  of  supervisors,  all  legal  remedies  now  existing 
shall  remain  in  full  force. 


LAWS   RELATING    TO   ELECTIONS.  99 


CHAPTER  v.— lOLECTION   DISTRICTS   AND   CENTRAL 
POLLING  PLACES. 

An  Act  relative  to  dividing  townships  and  villages  into  election  dis- 
tricts and  to  provide  for  the  registration  of  electors  in  such  cases. 

[Act    203,    P.    A.    1877.] 

The  People  of  the  State  of  Michigan  enact: 

(267)  §  3582.     Section  1.     In  any  township  in  the  state  Townships, 
of  Michigan  the  township  board  thereof  may  divide  said  town- 
ship into  two  or  more  election  districts :   Provided,  That  such  Proviso, 
division  be  made  at  least  twenty  days  previous  to  the  first 
general  election  or  township  meeting  thereafter  and  a  diagram 

of  the  boundaries  of  each  district  be  posted  therein  in  three 
or  more  public  places  with  a  plain  description  and  the  num- 
ber of  the  same  not  less  than  fifteen  days  previous  to  such 
election  or  township  meeting  and  by  publishing  said  notice  in 
some  newspaper  of  general  circulation  in  the  district  affected, 
weekly  for  at  least  three  weeks  previous  to  such  election  or 
township  meeting :  Provided  further.  That  no  township  ghall  ^J"'■*^g*^ 
be  so  divided  unless  it  contains  at  least  three  hundred  elec- 
tors, or  contains  more  than  one  sun'eyed  township,  either 
ciilire  or  fractional,  as  detennined  by  the  government  survey 
thereof. 

Am.    1*11,   Act   13. 

(268)  §  358.3.    Sec.  2.    The  township  board  of  such  town-  Boundaries 
ship  shall  enter  upon  their  record  the  boundaries  asd  num  t*be"eSered 
ber  of  each  of  said  election  districts,  commencing  at  number  ""  record, 
"one,"  and  shall  have  power  to  change  the  same,  and  shall 

give  like  notice  of  such  change,  before  the  next  general  elec- 
tion or  tawnskip  meeting  as  required  by  section  ond  of  this 
act  for  establishing  the  boundaries  of  such  district.     They  Notice  of  first 
shall  als©  give  six  days'  notice  of  ttie  place  in  each  district  ®'^'=*'°"- 
of  holding  the  first  election  or  township  meetiHg  therein. 

(269)  §  3.5S4.    Sec.  3.    The  township  officers  of  said  town  Boards  of 
ship,  who,  by  existing  laws,  constitute  the  board  of  inspectors  eilct1onsln° 
of  election  in  said  township,  shall  be  the  board  of  inspectors  fi-fct'sf"  '^'^' 
of  election  in  election  district  numbered  "one"  therein,  and 

two  justices  of  the  peace  and  the  treasurer  of  said  township 
shall  be  the  board  of  inspectors  of  election  in  election  dis- 
trict numbered  "two,"  and  in  case  there  shall  be  more  than 
two  election  districts  in  any  township  the  township  board 
shall  for  the  remaining  districts  appoint  three  freeholders, 
who  shall  be  residents  and  qualified  electors  of  the  district 
in  which  they  shall  serve,  to  constitute  a  board  of  inspectors 
of  election  in  such  remaining  district,  and  shall  hold  their 


100 


STATE  OF  MICHIGAN. 


Manner  of 
electing  in- 
spectors. 


Inspectors  of 
election,  their 
powers  and 
duties. 


Compensation 
and  oath  of 
office. 


Electors  to 
vote  in  district 
in  which  they 
reside. 


Registration 
of  electors. 


Canvass  of 
votes  in  dis- 
trict. 


Office  until  their  succe.ssors  are  elected  and  qualify,  and  shal 
irknown  as  "district  inspectors  of  election."  The  manner  ot 
uch  ele^tioi'  o  inspectors  shall  be  by  ballot  as  for  township 
officeiS"  osen  by  ballot,  and  the  ballot  shall  -"t-^lVw' 
of  the  person  voted  for  and  the  ^yords  "inspector  cvf  elect  on 
added  thereto,  and  the  three  persons  receiving  he  Ing^^  * 
minder  of  vo  es  in  said  district  for  said  office  shall  be  the 
Er  of  n  pectors  of  election  for  the  ensuing  year  m  such 
Srict.  and  until  their  successors  are  elec  ed  and  quaMj  • 

^"tO)     §  3585.     Sec.  4.    The  boards  of  inspectors  of  each 
distHc    shall  be  inspectors  of  elections  in  each  election  or 
towushii,  nK^tin-  held  therein.     They  shall   appoint  one  of 
hdrmimie"  chairman  of  the  board,  shall  «dnunister  oa  hs^ 
make  appointments,  and  have  the  same  powers  and  authority 
for  piSei"'  ng  order  and  enforcing  their  commands  and  a  1 
othel-  powers^or  proceeding  with  the  elections  in  said  dis- 
trict   and  shall   conduct  the  elections  therein,  in   the  same 
n  anner  as  now  or  hereafter  directed  by  law  for  townshi 
hi  pecJors  of  general  elections  held  in  this  state,  unless  herein 
0  herwise  presided.     Thev  shall  receive  the  same  compensa^ 
Hon  o     township  inspectors  from  the  township,  and  before 
entering  upon  their  duties  shall  take  and  subscribe  the  oath 
of  office  prescribed  by  the  constitution.  -,..■.  ,^,^^^ 

(^m    \  3586.    Sec.  5.    The  electors  of  each  district  shall 
vote"  in  the  respective  districts  in  which  they  reside    and  for 
;'iich  they  are  registered,  except  such  as  ^^e  reqviu^d  t^  ac 
as  inspectors  of  election,  who  may  vote  at  the  polls  wlieie 
thev  ^ct  as  inspectors.  .  ,    ,, 

7272)  §  3587.  Sec.  fi.  The  board  of  registration  shall 
complete  the  registration  of  electors  in  each  distric  in^epa^ 
rate  district  registers,  and  shall  transcribe  to  such  distucT 
reSster  f-o„/t^  register  the  names  of  ^^J^ 

ors  as  thev  know  are  qualified  electors  and  residents  of  such 
d  strict  and  shall  cansL  such  district  register  to  be  present  at 
elry  m  etng  of  the  district  board  of  registration  and  at 
e-S  eleSon  held  in  such  district.    The  two  J"^f  ^es  of    he 
peace  whose  terms  of  office  shall  last  expire  shal    constitute 
the  boarcl   of  registration   in   said   election   district  number 
to    and  the  said  board  of  registration  shall  ^olAmeetrngs 
ir'the  reoistration  of  the  qualified  electors  of  said  district 
undei  like  notice,  at  the  same  time  and  in  the  same  manner 
as  is  p^eS^Sbed  by  the  general  laws  of  this  ^tate  relative  to 
registration   of  electors  in  towuships.     In   <"a^,  .o^+^if  .,?f^ 
sefce  of  either  of  said  justices  of  the  peace    or  his  inability 
o   serve,   the  township  board   shall   appoint  soiue  qualified 
elector  of  such  township  to  perform  such  duties.     J-he  pei 
son  S  appoXd  shall  take  and  subscribe  the  constitutional 
oath  of  office. 

.\m.  1911,   Act  204. 

('>73)     §3588      Sec.  7.     The  district  inspectors  of  elections 
shall,  without  adjourning,  publicly  canvass  the  votes  received 


LAWS    RELATING    TO    ELECTIONS--  101 


by  them,  the  same  as  prescribed  by  law  for  canvassing  votes 
at  the  general  elections  in  this  state,  except  as  herein  other- 
wise provided,  and  shall  on  the  same  day  make  a  statement 
in  wriling,  setting  forth  in  words  vA  full  length  the  whole 
nmiibor  of  voles  given  for  each  oflice,  Ihe  names  of  persons 
for  wliom  snch  votes  for  each  ollici'  were  given,  and  the 
whole  nnmber  of  votes  given  npon  each  qneslion  voted  npon, 
and  the  nnmber  [of  votes]  given  for  and  against  the  same; 
wliicli  statement  shall  be  certified,  under  the  hands  of  the 
inspectors  of  election  of  such  district,  to  be  correct,  and  they  official 
shall  deposit  such  statement  and  certificate  on  the  day  of  toJJ,3p.^ 
election,  together  with  the  poll  list  and  the  register  of  electors 
and  the  boxes  containing  said  ballots,  with  the  board  of 
inspectors  of  district  numbered  "one,"  and  said  last  named 
board  shall  immediately  consolidate  said  district  reports,  and 
the  combined  result  shall  be  the  oflicial  canvass  of  said  town- 
ship. 

The  provisions  of  tliis  section  for  consolidating  the  reports  of  district  in- 
spectors is  superseded  so  far  as  relates  to  the  manner  of  the  return  by 
inspectors,  by  the  election  law  of  1891. — Belknap  v.  State  Canvassers,  95/ 
155. 

For  law  of   1891,  see  .sections  139-183. 

(274)  §  ofiSD.     Sec.  8.     The  electors  of  each  election  dis-  Tinie  of^meet- 
trict  shall  meet  at  one  o'clock  in  the  afternoon  at  the  polling  to^t?ansI^t°" 
place  of  each  district  respectively  to  transact  such  business  ^^^^Tsl^  ^^f^^ 
as  is  usually  transacted  at  township  meetings  by  viva  voce 

vote,  and  .shall  count  or  canvass  the  votes  on  each  and  every 
question  which  shall  be  submitted  to  tliem  and  the  result  of 
such  vote  shall  be  counted  and  reported  to  the  board  of  in- 
spectors of  election  of  precinct  number  one,  and  shall  be  by 
them  consolidated  and  canvassed  in  the  same  manner  as  pro- 
vided by  section  seven  of  said  act:  Provided,  That  all  ques-  Proviso  as 
tions  proposed  to  be  acted  upon  shall  be  previously  reported  questlon^'"^ 
10  the  township  board  and  by  them  reported  to  the  board  of 
inspectors  of  election  of  each  precinct  on  the  morning  of  elec- 
tion, and  that  no  question  shall  be  entertained  that  is  not  so 
reported. 

Aud.   Gen.   v.   Duluth,    etc.,   R.   Co.,   116/125. 

(275)  §  3590.     Sec.  9.     The  president  and  trustees  of  any  Division  in 
incorporated  village  may   divide  said  village  into  as  many  ■^'""s*'*- 
election  districts,  containing  as  nearly  as  possible  an  equal 
number  of  qualified  electors,  as  they  shall  deem  necessary  and 
convenient  for  conducting  the  elections  in  said  village.    They  Notice  of 
shall  give  not  less  than  fifteen  days'  notice  of  said  division  '^'^'^'""■ 
before  the  next  ensuing  election  in  said  village,  by  posting  in 

not  less  than  three  public  places  in  each  election  district,  or 
by  publishing  the  same  two  weeks  in  a  newspaper  published 
ic  said  village,  a  description  of  the  boundaries  of  said  dis- 
trict, and  the  place  of  holding  the  first  election  therein,  and 
the  number  of  said  district. 

(27G)     §  3591.     Sec.  10.     Said  president  and  trustees  shall  Record,  where 
make  a  record  of  the  boundaries  and  number  of  each  election     *  ' 


102 


STAtE  OF  MICHIGAN. 


Inspectors  of 
election. 


Term  of  office 
of  Inspectora. 


Manner  of 
conducting 
elections. 


Canvass  of 
votes  in  dis- 
tricts. 


district  and  file  the  same  witli  llie  clerk  of  tlie  village  so- 
divided,  and  may  change  tlie  same  by  giving  the  notice 
before  the  ensuing  election  as  required  by  [in]  section  nine 
of  this  act. 

(277)  §  8592.  Sec.  11.  The  officers  of  said  village  who. 
by  existing  law,  act  as  a  board  of  inspectors  of  election  of 
said  village  shall,  under  this  act,  constitute  a  board  of  in- 
spectors for  election  district  numbered  "one"  of  said  village, 
and  one  of  said  trustees,  with  two  qualified  electors  who  are 
freeholders,  the  latter  of  whom  shall  be  residents  of  the  elec- 
tion districts  in  which  they  serve,  shall  constitute  a  board  of 
inspectors  of  election  in  each  of  the  remaining  election  dis- 
tricts. Six  days'  notice  of  such  first  appointment  for  any 
district,  with  the  place  of  holding  the  first  election  therein, 
shall  be  given  in  said  district,  and  said  inspectors  shall  hold 
their  offices  for  one  year  and  until  their  successors  are  ap- 
pointed and  qualifv. 

(278)  §  .3.59.3.  'Sicc.  12.  Each  board  of  district  inspectors 
of  election  shall  ai)point  »ne  of  their  number  chairman,  and 
shall  conduct  the  election  in  said  district  with  the  same 
power  and  auflkority  and  in  the  same  manner,  imless  herein 
otherwise  pro\ided,  as  now  or  hereafter  directed  l)y  law  for 
inspectors  of  general  elections  Iield  in  this  state,  unless 
herein  otherwise  provided,  and  shall,  at  the  closing  of  the 
polls,  without  adjourning,  publicly  canvass  the  votes  received 
by  them  the  same  as  in  general  election.*,  and  declare  the 
result,  and  shall  on  the  same  day  make  a  statement  in  writing, 
setting  forth  the  wliole  number  of  votes  given  for  each  office, 
the  names  of  persons  for  whom  such  votes  for  each  office  were 
given,  and  the  number  of  votes  so  given  for  each  person ; 
which  statement  shall  be  certified  under  the  hands  of  the 
inspectors  of  such  elcctios  district  to  be  correct,  and  they  shall 
deposit  such  statement  and  certificate  on  the  day  of  election, 
together  with  the  poll  list  and  the  register  of  electors  and  the 
boxes  containing  said  ballots,  with  the  board  of  inspectors 
of  election  of  district  numbered  "'one,"  who  shall  combine  the 
reports  from  each  district  upon  each  question  and  proposi- 
tion, and  what  jiersons  were  duly  elected,  and  the  result 
thereof  shall  be  the  official  canvass  of  such  village. 

(270)  §  3594.  Sec.  13.  The  registration  of  electors  shall 
be  conducted  in  said  village  by  the  board  of  registration 
thereof,  in  the  same  manner  as  above  provided  for  the  regis- 
tration in  township  election  districts,  and  where  not  so  pro- 
vided, then  by  existing  laws  for  registralion  of  electors,  and 
all  such  persons  appointed  or  elected  as  herein  provided  shall, 
before  entering  nj)on  the  duties  of  their  office,  make  and  sub- 
scribe the  constitutienal  oath  of  office  of  this  state,  and  said 
villages  may  provide  for  the  payment  of  sucli  officers. 

(280)  Sec.  14.  The  township  board  of  any  township 
which  has  been  or  may  hereafter  be  divided  into  two  or  more 
election  districts  under  the  i)rovisions  of  this  act,  may  at  any 
time  abolish  said  division    into  election   districts,  and  said 


Official 
canvass  of 
village. 


Registration 
of  electors  in 
villages. 


May' abolish 
fii  vision  into 
election  dis- 
tricts. 


LAWS   RELATING    TO    ELECTIONS.      '  103 

action  so  aboHshing  said  division  into  election  districts  shall 
be  entered  upon  the  records  of  said  board,  and  subsequent 
elections  in  said  township  shall  be  conducted  in  the  same  man- 
ner as  if  no  division  of  said  township  into  election  districts 
had  ever  been  made:  Provided,  however,  That  this  section  ProTiso. 
shall  not  apply  to  divisions  made  by  special  act  of  the  state 
legislature. 

Added  1901,  Act  21  ;  Am.  1911,  Act  13. 


CENTRAL  POLLING  PLACES. 

An  Act  authorizing  the  common  councils  of  cities  of  tlie  fourth  class 
to  provide  by  ordinance  for  the  establishment  of  central  polling 
places. 

[Act   140,   P.  A.    1913] 

The  People  of  the  State  of  Michigan  enact: 

(281)  Section   1.     In  any   city  of   this  state,  organized  ^,|'J^J/' ^^"'"^ 
under  the  laws  thereof  as  a  city  of  the  fourth  class,  it  shall  ^  '"*^^ 

be  lawful  for  the  common  council  of  said  city  to  provide  by 
an  ordinance,  passed  by  at  least  a  majority  of  the  aldermen 
elect  of  said  city,  for  the  establishment  of  a  central  polling 
plage,  to  be  centrally  located,  and  to  provide  for  the  discon- 
tinuance and  abolishment  of  all  other  polling  places  in  said 
city. 

(282)  Sec.  2.     The  cgmmon  council  of  any  city  establish-  ^i|^[j,'jy  '"" 
ing  a  central  polling  place  may  appoint  four  or  more  in-  number,  etc. 
spectors  of  election  at  the  last  meeting  of  said  common  coun- 
cil previous  to  every  election,  general  or  special,  and  said  in- 
spectors shall  be  governed  by  the  general  laws  of  this  state 

in  reference  to  their  powers  and  duties  as  election  inspectors. 


CHAPTER  VI.— PRIMARIES   IN   CITIES. 

An  Act  to  provide  for  the  holding  of  primaries  in  cities  of  not  less 
than  fifteen  thousand  inhabitants,  and  not  over  one  hundred  fifty 
thousand  inhabitants,  and  to  punish  frauds  thereon,  and  by  dele- 
gates elected  thereat,  and  the  corruption  ajid  attempted  corruption 
of  such  delegates. 

[Act  135,   P.  A.   1895.] 

The  People  of  the  State  of  Michigan  enact: 

(283)     §  3514.     Section  1.     That  the  word  "primary"  in  Howwor.i 
this  act  shall  be  construed  to  mean  an  assemblage  of  voters  constl^el 


104 


STATE  OF  MICHIGAN. 


of  any  political  ]>i\vty  duly  couvened  fur  any  of  the  purposes 
set  fortk  in  this  act,  and  that  the  words  "primary  elections," 
as  used  in  this  act,  shall  be  construed  so  as  to  embrace  all 
elections  held  hy  any  political  party,  convention,  organization 
or  delegation  therefrom,  for  the  jjurpose  of  choosing  candi- 
dates for  ofBce,  or  for  choosing  delegates  to  any  convention 
or  conventions  to  be  held  by  the  party  holding  such  primary, 
or  for  the  purpose  of  electing  offlcers  of  any  political  organ- 
ization, convention  or  association. 

See  sections  399-407  for  the  protection  of  primary  elections  and  conventions. 


Primaries  to 
be  lield  in  tlie 
(liiTerent 
wards  at  the 
same  time. 
Proviso. 


In  case  ward 
fail  to  hold 
primary. 


Time  of  hold- 
ing primaries. 


Notice  of  time 
for  holding. 


(2S4)  §  3515.  Sec.  2.  The  primaries  of  any  political 
parties  in  cities  included  in  this  act,  shall  be  held  by  the 
several  wards  of  each  such  city,  and  all  the  wards  shall  hold 
their  primaries  for  the  same  party  at  the  same  time:  Pi'o- 
vided,  That  in  any  city  whose  population  is  fifty  thousand 
and  not  more  than  one  hundred  and  fifty  thousand  such 
primaries  may,  by  direction  of  the  principal  committee  of 
any  party  organization  in  any  such  city,  be  held  by  the  voting 
precincts  of  the  several  wards  of  said  city.  Any  ward  or 
precinct  failing  to  hold  its  party  primary  at  the  time  desig- 
nated therefor,  as  provided  in  section  three  of  this  act,  shall 
not  be  represented  at  the  election  or  convention  of  its  party, 
so  far  as  relates  to  the  special  purpose  for  which  such  primary 
was  called. 

(285)  §3510.  Sec.  3.  The  time  for  holding  the  primaries 
in  any  city  shall  be  determined  by  the  principal  committee 
of  the  party  having  in  charge  the  particular  matter  for  which 
the  primary  is  called.  Notices  of  the  time  for  holding  said 
primaries  shall  be  given  by  the  citv  or  ward  committee  of 
the  respective  parties  in  the  same  manner  as  provided  in  sec- 
tion nine  of  act  three  hundred  and  three  of  the  session  laws 
of  one  thousand  eight  hundred  and  eighty-seven,  as  amended 
by  act  one  hundred  and  seventy-five  of  the  session  laws  of 
one  thousand  eight  hundred  and  ninety-three. 

The  section   above  referred  to  is  section  407  of  this   compilation. 


When  council 
may  provide 
booths. 


Proviso  as  to 
notice  on 
clerk. 


'i'ime  of  hold- 
ing primaries 
in  cities. 


(286)  §  3517.  Sec.  4.  The  common  council  of  any  city 
embraced  in  this  act  may,  in  their  discretion,  cause  the  elec- 
tion booths  of  their  respective  cities  to  be  provided  or  erected 
within  ten  days  after  they  shall  have  received  notice  from  the 
chairman  of  any  duly  organized  committee,  whose  duty  it 
shall  be  to  call  the  same,  that  the  booths  will  be  needed  for 
holding  a  primary :  Provided,  That  the  chairman  of  such 
committee  shall  serve  such  notice  upon  the  clerk  or  recorder 
of  said  city,  at  least  twenty  days  before  the  time  fixed  for 
holding  such  primary. 

(287)  §  3518.  Sec.  5.  The  primaries  in  any  city  aflfected 
by  this  act  and  containing  less  than  thirtj'  thousand  inhabit- 
ants shall  be  held  between  the  hours  of  four  and  eight 
o'clock  p.  ra.,  standard  time.  The  primaries  in  any  city 
affected  by  this  act  and  containing  more  than  thirty  thou- 


LAWS    RELATING    TO    ELECTIONS.  105 

sand  inhabitants  shall  be  held  between  tlie  hours  of  two  o'clock 
and  eight  o'clock  p.  m.,  standard  time. 

Am.    1S90,    Act    22. 

(288)  ?  3519.     Sec.   6.     Each  primary   shall  be  presided  Board^onn- 
over  by  a  board  of  inspectors,  which  sliall  be  composed  of  a  ^rtsi!ie%t' 
chairman,  who  shall  be  a  member  of  the  ward  committee  of  pnma"e3- 
the  party  holding-  said  ]irimary,  residing  in  the  ward  where 

Ihe  primary  is  held,  and  of  two  (pialified  voters  chosen  from 
the  residents  of  said  ward,  and  who  shall  belong  to  the  party 
holding  such  primary.     Each  political  party  desiring  to  hold  Members  of 
jtriman-  elections  shall,  at  the  first  ])rimary  election  after  ^tttee.""'' 
this  act  takes  effect,  elect  a  member  of  the  ward  committee 
and  two  inspectors  of  primaries  for  each  ward  or  voting  pre- 
cinct, whose  term  of  office  shall  be  for  two  years.    At  the  first  Two  inspec- 
primaiw  held  after  this  act  takes  efl'ect,  each  political  party  cho^'sen. 
shall  choose  two  inspectors,  and  if  there  be  no  member  of  its 
ward  committee,   also  a  chairman  of  sncli   committee,  by  a 
viva  voce  vote  of  the  electors  of  the  party  holding  such  pri- 
mary present  at  the  opening  of  said  primary.     And  if  any  vacancy,  how 
member  of  such  board  of  primary  inspectors  shall  be  absent,  ^^^'^' 
or  for  any  reason  be  disqualified  from  sitting  on  the  board  of 
which  he  is  a  member,  such  vacancy  shall  be  filled  by  a  viva 
voce  vote  of  the  voters  of  the  party  holding  such  primary  at 
the  opening  of  the  same. 

(289)  i;  .3.520.     Sec.  7.     No  voter  whose  name  does  not  who  eligible 
appear  on  the  r-egistration  list  of  the  last  preceding  election.  pHmarie^s' 
or  when  the  committee  of  any  party  shall  have  adopted  party 
registration  and  his  name  does  not  appear  upon   [such]  each 

jiarly  registration  books,  shall  be  allowed  to  vote  at  any  pri- 
mary: Provided.  If  any  qualified  voter  A\liose  name  does  not  proviso. 
ajipear  on  said  registration  list  or  on  the  adopted  party  reg-  ot'oattu"^''^'"" 
istration,  and  who  desires  to  vote  at  such  primary,  the  chair- 
man of  the  board  of  primary  inspectors  shall  administer  to 
him  the  following  oath:  "You.  do  solemnly  swear  that  you 
are  a  resident  of  this  ward  or  voting  precinct;  that  you  re- 
side at  (here  state  the  place  of  residence  where  said  proposed 
voter  claims  to  reside)  ;  that  you  have  lived  there  more  than 
ten  days  ]U'ior  to  this  day;  that  you  are  a  member  of  the 
(here  name  the  party  holding  the  primary)  ;  that  you  are  a 
(pialified  voter  of  this  state  and  of  the  United  States,  and 
that  you  have  not  voted  at  any  other  ])rimary  election  in  any 
other  ward  or  voting  pi-ecinct  than  this  since  last  election,  so 
help  you  God."  If  after  taking  the  foregoing  oath  said  voter  in  case  voter 
shall  be  challenged  on  the  ground  that  he  is  not  a  resident  chaUenged. 
of  said  ward  or  voting  precinct,  the  board  of  inspectors  sliall, 
before  his  vote  is  received,  require  him  to  produce  before  said 
board,  some  well  known  and  reputable  i-esident  of  said  ward 
or  voting  precinct,  who  will  make  oath  that  he  knows  the 
person  desiring  to  vote,  the  place  of  residence  of  said  jierson. 
how  long  he  has  lived  there,  his  occupation,  and  to  answer 


106 


STATE  OP  MICHIGAN. 


such  other  questions  as  may  be  put  to  him  coucemina;  the 
qualifications  of  said  applicant  to  vote  at  said  primary.  If 
from  the  oath  of  such  person  the  board  is  satisfied  that  such 
applicant  is  a  qualified  voter  and  resident  of  said  ward  or 
voting  precinct,  said  vote  shall  be  received,  otherwise  it  shall 
be  I'ejected.  Any  person  swearing  falsely  under  the  provi- 
sions of  this  section,  upon  conviction  thereof  before  any 
court  of  competent  jurisdiction,  shall  be  subject  to  all  the 
pains  and  penalties  of  perjury. 


when  vote 
may  be  re- 
ceived. 


Penalty  for 
false  3wear- 


TEN  DAYS :  The  constitution  changes  the  time  of  residence  In  ward, 
etc.,  from  ten  days  to  twenty  days. 

Who  qualified      (290)      §  3521.      Sec.  8.     Only   qualified  voters   identified 
primarie^.        With  the  party  or  organization  holding  such  primaries,  and 
who  shall  be  residents  of  the  ward  or  precinct  when  such 
caucus  or  primary  is  held  for  ten  days  or  more  prior  to  the 
date  of  the  holding  of  such  caucus  or  primary,  shall  be  per- 
mitted to  vote  thereat,  and  if  any  person  shall  be  challenged 
Persons  chai-    on  the  grouud  that  lie  is  not  a  member  of  such  party  he  shall 
the^foUowing''^  be  required  to  take  the  following  oath,  to  be  administered  by 
oath.  ^j^y  person  authorized  by  law  to  administer  oaths: 

STATE  OF  MICHIGAN,        ) 

>  ss. 
County  of  .' ) 

T  do  solemnly  swear  that  I  am  a  (name  of  party  or  organ- 
ijiation)  and  a  resident  of  this  ward  for  the  last  ten  days,  and 
nni  in  sympathy  Avith  its  aims  and  objects,  and  will  support 
its  principles  and  objects,  so  help  me  God. 

(Signature) 

Sworn  to  and  subscribed  before  me  this   day 

of   189 . . 

Notary    public    (or   other   proper    officer    au- 
thorized to  administer  oaths), 

county,  Michigan. 
Penalty  for  If  auv  persou  who  takcs  the  foregoing  oath  swears  falsely 

fa^se  swear-      j^^  j^^^^^^j  ^^^^^  conviction  thereof  be  subject  to  all  the  pains 
and  penalties  of  perjury. 

TEN  DAYS  :     See  note  to  previous  section. 

Challenged  (291)     §  3522.    Sec.  9.    If  at  the  time  a  person  proposing 

untffoWrs"  to  vote  IS  challenged  there  are  several  persons  waiting  their 
have  voted.      |^,j.j^  ^^  vote.  Said  challenged  person  shall  stand  to  one  side 

until  after  unchallenged  voters  have  had  an  opportimity  to 
Proviso,  vote,  when  his  case  shall  be  taken  up  and  disposed  of:     Pro- 

Saiiengl.        vided.  That  if  any  person  shall  challenge  a  qualified  voter, 

resident  of  such  ward  or  voting  precinct,  well  known  as  a 

member  of  the  party  or  organization  holding  such  primar\'. 

for  the  purpose  of  annoying  or  delaying  voters,  he  shall  be 

deemed  guilty  of  a  misdemeanor. 


LAWS    RELATING    TO    ELECTIONS.  107 

(292)  §  3523.    Sec.  10.    No  two  parties  or  organizations  Two  parties 
shall  call  their  primaries  for  the  same  day,  and  the  chairman  p?toarira'oa 
of  each  of  the  principal  committees  of  the  parties  having  in  same  day. 
charge  the  primaries  to  be  held  for  any  stated  pnrpose  shall 

notify  the  city  clerk  or  recorder  ©f  the  time  fixed  for  his 
party  primaries  within  twenty-fonr  hours  after  the  same  is 
determined,  and  such  day  shall  be  considered  as  secured  to 
the  party  whose  committee  chairman  has  tirst  given  notifica- 
tion thereof. 

(293)  §  3524.     Sec.  11.     The  common  council  of  any  city  Council  to 
embraced  in  this  act,  may  cause  all  of  the  different  political  panfesTo  how 
organizations  in  any  city  where  booths  are  provided  by  said  TOrtotnUmcs. 
city  to  hold  their  primaries  within  a  given  time,  and  shall 

provide  suitable  ballot  boxes  for  said  primaries. 

(294)  §  3525.     Sec.  12.     If  any  voter  shall  solicit  from  Misdemeanor 
any  candidate  for  election  at  any  primary,  or  from  any  other  money  from 
person,  or  shall  receive,  directly  or  indirectly,  from  such  can-  candid.ates. 
didate  or  from  any  other  person  any  money,  or  promise  of 

place  or  position  or  any  valuable  consideration  of  any  kind, 
for  his  vote  or  support  at  such  primary,  or  for  his  attendance 
thereat,  or  if  any  person  shall  vote  at  more  than  one  party 
primary,  each  held  for  the  nomination  of  the  same  class  of 
ofBcers  or  delegates  before  any  one  election,  he  shall  be 
deemed  guilty  of  a  misdemeanor. 

(295)  §  3526.     Si:c.  13.     Any. person  who  shall  hire  any  uniawfni 
carriage  or  other  conveyance,  or  cause  the  same  to  be  done,  of'votes'"" 
for  conveying  voters,  other  than  those  physically  unable  to 

walk  thereto,  to  any  primary  conducted  hereunder,  or  who 
shall  solicit  any  person  to  cast  an  unlawful  vote  at  any  pri- 
mary, or  who  shall  offer  to  any  voter  any  money  or  reward  of 
any  kind,  or  shall  treat  any  voter  or  furnish  any  entertain- 
ment to  any  voter,  or  shall  promise  any  place  or  position  for 
the  purpose  of  securing  such  voter's  vote,  support  or  attend- 
ance at  such  primary  or  convention,  or  shall  canse  the  same 
to  be  done,  shall  be  deemed  guilty  of  a  misdemeanor. 

(29G)      §  3527.    Sec.  14.     No  delegate  elected  to  any  city  Proxies  not  to 
or  county  convention  shall  give  a  proxy  to  represent  liim  at  g|t?i™Vmr" 
such  convention.     All  vacancies  occurring  in  any  delegation  vacancies. 
to  any  convention  shall  be  filled  by  a  majority  vote  of  such 
delegation :     I'rovided,  That  such  delegation  shall  not  be  per-  proviso, 
mitted  to  fill  any  vacancy  which  may  occur  in  its  number  by  fng^lacindra.'' 
any  person  not  a  resident  of  the  ward  from  which  such  ab- 
sent delegate  was  chosen,  and  any  person  not  duly  elected  or  who  deemed 
chosen  as  hereinbefore  set  forth,  who  shall  sit  as  a  member  misdemeanor. 
of  a  delegation   in  any  convention,  or  who  shall  secure  his 
election  thereto  by  the  offer  of  any    valuable    consideration 
whatever,  or  l)v  the  promise  of  any  reward,  jilace  <>r  jjosition, 
shall  be  deemed  guilty  of  a  misdemeanor. 

(297)     §  3528.     Sec.  15.     Any  delegate  or  member  of  any  wiien  deie- 
conventiou,  or  any  other  pei-son  who  shall  solicit  any  candidate  fSiuy  ofT'' 
for  election  or  nomination  before  said  convention  for  money,  misdemeanor. 


108 


STATE   OP  MICHIGAN. 


Registratioa 
of  voters. 


Proviso, 
committee 
may  make 
rules  as  to  reg- 
istration in 
ward  boolcs. 


Proviso, 
parties  whose 
names  not  on 
books. 


Delegates  to 
be  elected  by 
ballot. 


reward,  position,  place  or  preferment  for  liis  support  in  sucli 
convention,  shall  be  deemed  guilty  of  a  misdemeanor. 

(298)  §  3520.  Sec.  16.  The  'board  of  inspectors  shall 
cause  the  name  and  residence  of  each  voter  to  be  registered 
at  any  primary  at  the  time  of  depositing  his  ballot:  Pro- 
vided, This  section  or  act  shall  not  preclude  the  city  com- 
mittee of  any  city  coming  within  its  provisions  adopting 
rules  before  the  holding  of  any  such  primaries  that  require 
party  registration  of  the  voters  of  such  party  in  each  ward, 
in  books  to  be  provided  by  such  committee,  such  books  to  be 
used  on  the  day  on  which  the  ])rimaries  are  held ;  and  when 
such  rules  have  been  adopted  and  registration  had,  then  only 
the  persons  registered  as  party  voters  can  vote  at  said  pri- 
mary election :  Provided,  That  any  person  whose  name  does 
not  appear  on  the  books  of  party  registration  shall  be  al- 
lowed to  vote  upon  taking  the  oath  prescribed  in  section 
seven.  Said  registration,  after  the  result  has  been  declared, 
shall  be  deposited  with  and  preserved  by  the  city  clerk. 

(299)  §  3530.  Sec.  17.  The  delegates  to  a  convention 
shall  be  elected  by  ballot  and  in  the  following  manner:  The 
inspectors  shall  provide  suitable  blanks  of  uniform  size  and 
color,  not  less  than  thi-ee  by  six  inches,  to  be  used  as  ballots, 
and  at  each  i>rimary  the  names  of  all  the  delegates  to  be  voted 
for  shall  be  written  or  printed  on  one  ballot,  and  no  name 
shall  appear  more  than  once  on  the  same  ballot.  The  person 
receiving  the  highest  number  of  votes  shall  be  declared  elected 
a  delegate,  the  person  receiving  the  next  highest  number  of 
votes  shall  be  declared  the  next  delegate,  and  so  on  in  like 
manner  until  the  full  number  of  delegates  to  which  the  ward 
or  precinct  is  entitled  shall  have  been  declared  elected,  and 
llie  person  receiving  the  highest  number  of  votes  at  any  pri- 
mary for  any  ward  office  shall  be  declared  the  nominee  of  the 
]jarty  holding  said  ju'iinary  for  the  particular  office  for  which 
lie  has  been  named:  Provided,  That  in  election  of  delegates 
to  a  convention  or  in  the  election  of  a  candidate  for  any  ward 
office,  if  it  shall  apjiear  on  counting  1he  votes  polled  at  any 
]irimary  that  two  or  more  jiersons  have  received  an  equal 
number  of  votes  for  the  same  office  and  that  a  failure  to  elect 
to  any  office  is  caused  thereby,  such  persons  shall  proceed  to 
draw  lots  for  tlie  election  to  said  office  in  the  following  man- 
ner: The  board  of  inspectors  for  the  wai-d  or  precinct  where 
such  tie  may  occur,  shall  ju-epare  as  many  slips  of  jiaper  as 
there  are  such  jiersons  who  have  received  the  same  number 
of  votes,  and  write  the  word  "elected"  on  as  many  sli])s  of 
paper  as  there  are  offices  to  be  filled,  and  the  words  "not 
elected"  on  the  remaining  slips,  and  fold  the  same  so  as  to 
conceal  the  writing,  and  so  that  they  may  appear  as  nearly 
alike  as  jiossible.  Said  slijts  shall  be  ])laced  in  a  box  and 
each  of  such  persons  aforesaid,  or  in  his  absence  some  dis- 
intei'ested  jierson  acting  for  him,  may  draw  one  of  said  slips 


Proviso,  in 
case  of  tie. 


( 


Manner  of 
drawing  slips. 


LAWS   RELATING    TO    ELECTIONS.  109 

from  the  box  and  such  person  drawing  a  slip  on  which  is 
written  the  word  ''elected"  shall  be  deemed  legally  elected 
as  representative  or  nominee  of  the  party  holding  such  pri- 
mary for  the  office  in  question,  and  tlie  board  shall  forthwith 
give  him  a  cerlilicale  of  such  election. 

{"00)     §  35:11.     Si:i'.  18.     Tlio  common  council  of  any  city  How  cities  ot 
of  less  than  fifteen  thousand  population  not  embraced  in  this  fauo^n^nfayP"" 
act  may,  by  ordinance  on  confirmation  of  the  voters  of  such  conduct  pVi- 
city,  conduct  their  primaries  in  the  same  manner  as  those 
cities  embraced  in  tliis  act  under  fifty  thousand  population. 

(301)  §  3532.     Sec.  19.     All  tlie  provisitms  of  act  three  what  acts  to 
hundred  three,  of  the  session  laws  of  one;  thousand  eight  hun-  jl"lf"  '" 
dred  and  eiglityseven,   and   of  all   acts   amendatory   thereto, 

shall  remain  and  be  in  force  in  the  cities  embraced  in  the 
provisions  of  this  act,  and  have  the  same  force  as  in  the  state 
at  large,  except  as  to  such  matters  as  are  lierein  speciall_y  pro- 
vided for  and  aiiiilicable  to  such  cilies. 

(302)  §  353;'..     Skc.  20.     This  act  shall  a])iily  to  all  cities  Act  to  apply 
of  tliis  state  having  a  population  of  fifteen  thousand  and  not  ing*^a'rertafn" 
more  than  one  Jiuiidred  and  fifty  thousand  inhabitants;  the  pop"':'"""- 
population  of  said  cities  to  be  determined  from  tlie  last  fed- 
eral or  state  census  as  the  case  may  be. 

(303)  §  3534.    Sec.  21.    Any  person  found  guilty  of  any  penalty  for 
offense  detined  in  this  act  as  a  misdemeanor,  shall,  upon  con-  ^''"'"tion. 
viction  thereof,  be  sentenced  to  pay  a  fine  of  not  less  than  ten 
dollars  nor  more  than  five  hundred  dollars,  or  to  be  confined 

in  the  county  jail  not  less  than  ten  days  nor  more  than  six 
months,  or  both  such  fine  and  imprisonment  in  the  discre 
tion  of  the  court. 

(304)  §  3535.     Sec.  22.     Any  person  who  shall  influence  Further 
any  voter,  delegate,  candidate  or  other  person  to  violate  any  P<^"*i'y- 
of  the  provisions  of  this  act  shall  be  deemed  guilty  of  a  mis- 
demeanor, and  punishable  as  hereinbefore  provided. 


CHAPTER  VIT.— TOWNSHIP  ELECTIONS— DUTIES  OP 

OFFICERS. 

[Extract  from  R.   S.   1846,  Chap.   IG.] 
TOWNSHIP    MEETINGS. 

(305)     g  2275.    Sec.  S.    The  annual  meeting  of  each  town-  Annual 
ship  shall  be  held  on  the  first  ^londay  in  April,  in  each  year,  '"^^""s- 
and  at  such  meeting  there  shall  be  an  election  for  the  fol- 
lowing officers :     One  supervisor,    one    township    clerk,    one  officers  to  be 
treasurer,  one  commissioner  of  highways,  as  many  overseers  **^'    " 
of  highways  as  shall  be  provided  for  by  law,  so  many  justices 


110 


STATE  OF  MICHIGAN. 


of  the  peace  as  there  areby  law  to  be  elected  in  the  township, 
and  so  many  constables  as  are  to  be  elected,  not  exceeding 
four  in  number. 

Am.    1909,    Act    66. 

BOARD  OF  REVIEW:     For  election  of  this  board,  see  section  354. 
Abels    V.    Supervisors.   42  /  526 ;    Robinson    v.    Supervisors,    49  /  321 ;    People 
V.   Knight,   13  /  424  ;   Hubbard   v.   Springwclls,    25  /  153. 


Election  by 
ballot. 


Term  of  ofBce 
of  justices. 


Proviso. 


(306)  §  2276.  Sec.  9.  Each  of  the  oflScers  named  in  the 
last  preceding  section,  shall  be  chosen  by  ballot;  and  before 
proceeding  to  choose  the  of3Bcers  hereinafter  directed  to  be 
chosen  at  such  meeting. 

As  to   the  last   clause,    see   section   337. 

INFORMAL  BALLOT :  When  the  l.iw  requires  certain  officers  to  be 
elected  by  ballot,  there  is  and  can  be  no  such  thing  as  an  "intormar'  ballot. 
— Conrad  v.   Stone,   78  /  635. 

Sec.  10  provided  for  the  election  of  overseers  of  highways.  For  the  elec- 
tion of  overseers,   see   section  325. 

(307)  §  2281.  Sec.  11.  Justices  of  the  peace  shall  sev- 
erally hold  their  ofSces  for  four  years,  except  when  elected  to 
fill  a  vacancy  in  office  occurring  before  the  expiration  of  the 
legal  terra  of  four  years,  and  when  elected  to  fill  such  va- 
cancy, they  shall  hold  during  the  unexpired  portion  of  such 
term :  Provided,  That  when  there  shall  have  been  no  previous 
election  and  classification  of  justices  of  the  peace  in  any 
township  purswant  to  the  sixth  article  of  the  constitution  of 
this  state,  the  justices  elected  at  such  meeting  shall  be  classed 
and  divided  by  lot,  respectively,  for  one,  two,  three,  or  four 
years,  and  shall  severally  hold  their  offices  accordingly. 

Each  justice  of  the  peace  elected  to  fill  vacancy,  or  for  a  less  term  than 
four  years,  shall  take  his  oath  within  ten  days ;  Justices  elected  for  full 
term  shall  qualifv   on  or   before  July   4th  after  election. 

BOND  OF  JUSTICES:      See  sections   2369-2373,  C.  L.,   1897. 

Term  of  office  (308)  §  2282.  Sec.  12.  The  commissioner  of  highways 
sfone^'ot'high-  shall  hold  his  office  for  one  year,  and  until  his  successor  shall 
ways.  be  elected  and  qualified. 

Sec.  13  contained  certain  provisions  relative  to  school  inspectors,  that  office 
having  been  eliminated  by  the  revised  constitution. 

Term  of  office.  (309)  §  2284.  Sec.  14.  Each  of  the  officers  elected  at 
such  meetings,  except  justices  of  the  peace  and  school  inspect- 
ors, shall  hold  his  office  for  the  term  of  one  year^and  until 
his  successor  shall  be  elected  and   duly  qualified. 

Att'y  Gen.  v.    Rice,  64/387. 


Of  officers  (310)     §  2285.    Sec.  15.    Each  township  officer  elected  at 

vSnci^  ^  ^  special  meeting  to  fill  a  vacancy,  shall  hold  his  office  during 

the  then  unexpired  portion  of  the  regular  term  of  the  office, 

and  no  longer,  unless  again  elected. 
Meetings.  (311)     §  2286.    Sec.  16.    The  annual  and  special  township 

where  to  be      meetings  shall  severally  be  held  at  the  place  in  the  township 

where  the  last  annual  township  meeting  was  held,  or  at  such 


LAWS   RELATING    TO    ELECTIONS.  Ill 

otLer  place  thereiu  as  shall  have  beeu  ordered  at  a  pi-evious 
meeting,  or  when  there  has  been  no  such  previous  meeting,  at 
such  place  as  shall  be  directed  in  the  act  or  proceedings  by 
which  the  township  was  organized,  unless  it  shall,  in  either 
case,  become  inconvenient  to  do  so. 

(312)  §  2287.     Sec.  17.    Whenever  it  shall  become  incon-  when  place  of 
veuient  to  hold  a  township  meeting  at  the  place  designated  chlSgel, 
therefor,  the  board  of  inspectors,  or  a  majority  of  them,  after  Idj^o™^!""^ 
having  assembled  at,  or  as  near  as  practicable  to  such  place, 

and  opened  the  meeting,  and  before  receiving  any  votes,  may 
adjourn  said  meeting  to  the  nearest  convenient  place  for  hold- 
ing the  same,  and  at  such  adjourned  place  forthwith  proceed 
with  the  meeting. 

(313)  §  2288.  Sec.  IS.  Upon  adjourning  any  township  Proceedings 
meeting,  as  provided  in  the  last  section,  the  board  of  inspect-  ^g^^^""™" 
ors  shall  cause  proclamation  thereof  to  be  made,  and  shall 

leave  a  constable,  or  some  other  proper  person,  at  the  place 
where  such  meeting  was  opened,  to  notify  all  persons  arriv- 
ing at  such  place  that  the  meeting  has  been  adjourned,  and 
the  place  to  which  it  has  been  adjourned. 

(314)  §  2289.     Sec.  19.     Any  annual'  or  special  meeting  For  what  pur- 
may,  by  a  vote  of  the  meeting,  be  adjourned  to  any  other  day,  may\"dFoum^ 
and  from  time  to  time,  for  the  purpose  of  transacting  any 

proper  business  of  the  township,  except  for  the  election  of 
officers. 

(31.5)     §2290.    Sec.  20.     The  first  township  meeting  after  pirst  meeting 
the  organization  of  any  township,  shall  be  held  on  the  first  ^.VenTeid.''' 
Monday  in  April  after  its  organization,  and  at  such  meeting 
there  shall  be  an  election  for  such  officers  as  are  by  law  to  be 
elected  at  township  meetings. 

(316)  §  2291.     Sec.  21.    At  the  first  township  meeting  in  proceedings 
any    township,    the    qualified  electors  present,    between  the  f,Jij"'if\™v'n-' 
hours  of  nine  and  ten  o'clock  in  the  forenoon,    shall    choose  ship. 

one  of  their  number  as  moderator,  one  of  their  number  as 
clerk,  and  two  others  of  their  number  as  inspectors,  who  shall 
severally  take  the  oath  of  office  prescribed  by  the  twelfth 
article  of  the  constitution,  and  shall  conduct  the  proceedings 
of  such  meeting  in  all  respects  as  other  township  meetings 
are  required  by  law  to  be  conducted,  as  near  as  may  be,  and 
with  the  same  powers. 

The   twelfth    article   referred    to    is    of   the   constitution    of   1835,   now,   see 
section  73  ante. 

(317)  §  2292.    Sec.  22.    If  the  inhabitants  of  any  newly  in  case  of  faii- 
organized   township  shall   fail   to  hold   their   first   township  tow  ^uld""' 
meeting  on  the  day  specified  by  law,  autf  three  qualified  voters 

of  such  township  may  call  a  meeting  of  the  electors  of  such 
township,  for  such  towmship  election,  at  any  time  thereafter, 
by  posting  up  notices  thereof  in  not  less  than  three  public 
places  in  such  township,  at  least  ten  days  previous  to  the 
holding  of  such  meeting. 


112 


STATE  OF  MICHIGAN. 


Who  to  admin 
ister  oaths. 


Special  town- 
ship meetings 
to  flU  vacan- 


(318)  §  2293.  Sec.  23.  At  such  first  township  meeting, 
tlie  moderator  shall  administer  the  oath  of  oflSce  to  the  other 
in.spectors,  and  either  of  the  other  inspectoi'S,  after  having 
been  so  qualified,  may  administer  the  like  oath  to  the  mod- 
erator. 

(319)  §  2294.  Sec.  24.  Special  township  meetings  may 
be  held  for  the  purpose  of  choosing  ofdcers  to  fill  any  vacancy 

cies,  how  held.  \\^^^  may  occur,  if  the  township  board  shall  deem  it  expedi- 
ent, and  make  their  order  therefor;  and  in  case  the  said 
1o^^^lsl^ip  board  become  disorganized,  or  reduced  below  the 
*  inimber  of  a  quorum,  as  provided  by  law,  by,  or  throiigh  the 
death  or  removal  of  the  officers  composing  the  same,  or  from 
any  other  cause,  then  such  special  township  meeting  may  be 
called  and  proceeded  in,  in  all  respects,  as  in  the  case  of 
newly    organized    townships. 


Special  meet- 
ing for  other 
purposes. 


(320) 


§  2295.. 


Sec.  2.5.     Special  township  meetings  shall 


also  be  held,  for  the  purpose  of  transacting  any  other  lawful 
business,  when  ordered  by  the  township  board,  on  a  request 
to  them  in  writing,  signed  by  any  twelve  electors  of  the  town- 
sliip,  specifying  therein  the  purposes  for  which  such  meeting 
is  to  be  held ;  and  the  mode  of  proceeding  at  all  special  meet- 
ings shall  be  the  same  as  at  the  annual  meetings. 

Loomis   V.    Rogers   Twp.,    53/142. 


Orders  for 
special  meet- 
ing, what  to 
specify. 


Within  what 
time  after 
order,  meeting 
to  be  held. 


Clerk  to  give 
notice. 


(321)  §  2296.  Sec.  26.  Every  order  for  a  special  town- 
ship meeting  shall  specify  the  purpose  for  which  it  is  to  be 
held,  and  the  time  when,  and  the  place  where  it  shall  be  held ; 
and  if  any  vacancies  in  office  are  to  be  filled  at  such  meeting, 
such  order  shall  state  in  Avhat  offices  vacancies  exist,  how  they 
occurred,  and  Avho  were  the  last  incumbents,  and  if  the  va- 
cancy be  in  the  office  of  justice  of  the  peace,  such  order 
.'-hall  also  state  at  what  time  the  constitutional  term  of  ofSce 
will  expire. 

The  record  must  show  all  statutory  requirements  (o  have  been  complied 
with. — Loomis  v.   Rogers  Twp.,  53  /  135. 

(322)  §  2297.  Sec.  27.  The  time  appointed  for  holding 
any  special  township  meeting  shall  not  be  more  than  twenty, 
nor  less  than  fifteen  days  from  the  time  of  making  the  order 
therefor;  and  such  order  shall  be  left  with  the  township  clerk 
within  two  days  after  the  making  thereof,  and  shall  be  re- 
corded in  his  office. 

NOTICE  :  A  special  statute  fixing  a  shorter  time  for  a  meeting  for  a  par- 
ticular purpose  supersedes  pro  tanto  the  general  law. — Miller  v.  Grandy, 
13/540.      Sec   Crittenden  v.    Robertson,    13/61. 

(323)  §  2298.  Sec.  28.  The  said  clerk  shall,  within  two 
(hiys  after  sucli  order  shall  be  left  with  him,  cause  copies 
lliereof  to  be  posted  up  in  three  of  the  most  public  places  in 
the  township;  and  if  there  be  a  newspaper  printed  in  such 
town.ship,  he  shall  also  cause  a  copy  to  be  published  therein, 
if  practicable,  at  least  five  days  before  the  day  appointed  for 
such  special  meeting. 


LAWS   RELATING    TO   ELECTIONS.  113 


(324)  §  2299.     Sec.  29.     No  notice  of  the  anuual  town-  No  notice  or 

V"-"^;    ,."',,,,  »,        I  annual  meet- 

slup  meetings  sliall  hereafter  be  necessary.  ing. 

OVERSEERS  OF  HIGHWAYS. 

[Extract   from  Act   2S3,  P.  A.   inOO,  CUi.    XIII.] 

(325)  Sec.  6.     Tliere  shall  also  be  elected  at  such  meeting  Election  of 
(o  be  chosen  viva  voce,  or  in  such  manner  as  the  meeting  may  pounlmasters. 
direct,  one  overseer  of  highways  for  each  road  district,  and 

no  elector  except  a  resident  in  the  district  where  the  overseer 
is  chosen,. or  an  elector  of  the  townslii])  having  taxable  prop- 
erty in  such  district,  shall  vote  for  s;iid  overseer  and  as  many 
]>oundniasters  a.s  the  meeting  may  direct:  Provided,  If  there  Proviso, 
shall  be  but  one  road  district  in  a  township  the  overseer  of 
highways  for  that  district  shall  be  elected  by  ballot  in  the 
same  manner  as  other  township  officers  are  elected.    No  per-  Qualification 

of  OVGFSGCr 

son  shall  be  eligible  1o  the  office  of  overseer  of  highway.s  who 
is  not  a  resident  taxpayer  in  Ihe  district  for  which  he  is 
elected  or  appointed,  and  no  jierson  shall  hold  Ihe  office  of 
commissioner  and  overseer  at  the  same  time. 

[Act  283,   p.   A.   1909,   Cli.   XII.] 

(326)  Sec.  2.     If  anv  person  chosen  to  the  office  of  over-  Appointment 
seer  shall  refuse  to  serve,  or  if  his  office  shall  become  vacant, 

Ihe  commissioner  shall,  by  warrant  under  his  hand,  appoint 
some  other  person  in  his  stead;  and  the  overseer  so  appointed 
or  designated  shall  have  the  same  powers,  be  subject  to  the 
same  orders,  and  liable  to  the  same  penalties  as  overseers 
chosen  at  toAvnship  meetings.  The  commissioner  making  Notice  of 
such  appointment  or  designation  shall  cause  such  wai'rant  *pp°'°  ""^  • 
to  be  tiled  in  the  office  of  the  township  clerk,  who  shall  forth- 
with give  notice  thereof  to  the  person  so  appointed  or  desig- 
nated, who  shall  give  written  notice  of  his  acceptance  to  such 
clerk  within  ten  days  after  receiving  such  notice. 

[Act    283,    P.    A.    1909,    Cli.    II.] 

(327)  Sec.  13.     If  the  highway   commissioner  be  unable  overseer  to 
to  take  charge  of  the  work  on  highways  and  bridges  because  etcTin'ca?e*' 
of  sickness,  absence  or  any  other  reason,  or   in   case  of  a  °'^^<='"^'^y- 
vacancy    in    the    office   of    township    highway    commissioner 
through  death,  resignation  or  otherwise,  the  over.seer  of  high- 
ways residing  in  tiie  same  road  district  as  the  former  high- 
way commissioner  resided  shall  have  charge  and  supervision 

of  all  work,  and  shall  act  in  the  place  and  stead  of  the  high- 
way commissioner,  until  ;i  new  highway  commissioner  shall 
be  appointed  or  elected,  and  shall  have  all  the  powers  and 
duties  of  such  township  highway  commissioner,  and  in  such, 
case  warrants  drawn  by  him  and  countersigned  by  the  town- 
ship clerk  .shall  be  paid  by  the  township  treasurer. 


15 


114 


STATE   OF  MICHIGAN. 


Inspectors  ot 
election. 


Township 
clerk  to  keep 
minutes,   etc. 


When  clerk  of 
meeting 
appointed  by 
inspectors. 


Polls,  when 
opened. 


Ballots 
deposited  In 
box. 


MANNER  OF  CONDUCTING  ELECTIONS. 

[Extract    from    R.    S.    1846,    Chap.    16.] 

(328)  §  2300.  Sec.  30.  At  the  election  of  officers  re- 
quired to  be  chosen  by  ballot  at  the  annual  township  meet- 
ing, the  inspectors  of  election  shall  be  the  same  as  at  the 
general  election. 

See   sections  231-33  relative  to  conducting  municipal  and  township  elections. 

(329)  §  2301.  Sec.  31.  The  township  clerk  shall  be  the 
clerk  of  the  township  meeting,  and  shall  keep  faithful  min- 
utes of  its  proceedings,  and  a  correct  list  of  the  persons  vot- 
ing at  the  election,  and  he  shall  enter  at  length  in  his  minutes 
e^ery  order  or  direction,  and  all  rules  and  regulations  made 
by  such  meeting. 

(330)  §  2302.  Sec.  82.  If  the  township  clerk  be  absent, 
then  such  person  as  shall  be  appointed  by  the  inspectors  for 
that  purpose  shall  act  as  clerk  of  the  meeting,  first  taking  an 
oath,  to  be  administered  by  one  of  the  inspectors,  that  he  will 
faithfully  perform  the  duties  of  his  olBce  according  to  the 
best  of  his  ability. 

(331)  §  2303.  Sec.  33.  The  polls  of  the  election  shall  be 
opened  at  seven  o'clock  in  the  forenoon,  or  as  soon  thereafter 
as  may  be,  and  shall  close  at  the  hour  of  five  o'clock  in  the 
afternoon,  and  the  inspectors  shall  cause  proclamation  to  be 
made  upon  opening  the  polls  and  shall  also  cause  proclam- 
ation to  be  made  of  the  closing  of  the  polls  one  hour,  thirty 
minutes  and  fifteen  minutes,  respectively,  before  the  closing 
thereof. 

Am.    1903,   Act   138. 

(332)  §  2304.  Sec.  34.  When  the  election  is  by  ballot, 
the  inspectors  shall  deposit  the  ballots  in  a  box,  to  be  con- 
structed, kept  and  disposed  of,  as  near  as  may  be,  in  the  man- 
ner prescribed  in  chapter  five. 

Chap.  5   referred  to  is   R.   S.  '46,    which   is  superseded  by  the  act  of   1851, 
see  section  122  et  seq. 


230E5.      Sec.  85.      The  ballot  shall  be  a  paper 


Ballots,  what  (333) 

to^contain.  ticket,  with  the  names  of  the  persons  for  whom  the  elector 
intends  to  vote,  written  or  printed,  or  partly  written  and 
partly  printed  tliereon ;  and  shall  designate  the  office  to  which 
each  person  so  named  is  intended  by  him  to  be  chosen ;  but  no 
ballot  shall  contain  a  greater  number  of  names  as  desigTiated 
to  any  office,  than  there  are  persons  to  be  chosen  at  such  elec- 
tion to  fill  such  office,  and  each  ballot  shall  be  so  folded  as 
to  conceal  the  contents,  and  shall  be  delivered  to  one  of  the 
inspectors. 
Designation  of  (334)  §  2306.  Sec.  36.  If  at  any  election  there  shall  be 
Y»caai?y?°  ™   one  or  more  vacancies  to  be  supplied,  in  the  office  of  justice 


LAWS   RELATING    TO    ELECTIONS.  115 


of  the  peace,  school  inspectors,  or  commissiouers  of  highways, 
and  at  the  same  election,  any  such  officer  is  to  be  elected 
for  the  full  term,  it  shall  be  necessary  to  designate  on  the 
ballot  the  person  or  persons  voted  for  to  supply  such  vacancy 
or  vacancies. 

Tbe    office   of   school    inspector    is   now    obsolete. 

(335)  §  2307.     Sec.  37.     If  any  person  offering  to  vote  chaUenges. 
at  such  election,  or  upon  any  question  arising  at  such  town- 
ship meeting,  shall  be  challenged  as  unqualified  by  any  in- 
spector, or  any  elector  entitled  to  vote  at  such  meeting,  the 
inspectors  shall  pi'oceed  thereupon  in  the  manner  prescribed 

in  chapter  five,  in  case  of  a  challenge  at  the  general  election ; 
and  no  person  whose  vote  shall  have  been  received  upon  such 
challenge,  shall  be  again  challenged  upon  any  other  question, 
arising  at  the  same  township  meeting. 

See  note  to  section   332. 

(336)  §  2308.     Sec.  38.     The  inspectors,  or  oflScer  presid-  Authority  to 
ing,  shall  have  the  same  authority  to  preserve  order,  to  en-  orderyetc. 
force  obedience,   and  to  commit  for  disorderly  conduct,   as 

is  possessed  by  the  board  of  inspectors  at  a  general  election. 

(337)  §  2309.     Sec.  39.     At  the  hour  of  one  o'clock  in  the  ximeof  eiect- 
afternoon,    there   shall   be   elected   the   other   officers   to    be  "^^  officers. 
elected  at  such  meetings  and  all  business  of  such  meetings 
requiring  a  viva  voce  vote,  except  that  required  by  section 

eight  of  this  chapter,  shall  be  then  transacted:  Provided,  proviso, 
That  on  all  votes  for  the  appropriation  of  any  moneys?,  or  o?moneys"°° 
for  the  raising  of  any  taxes  in  said  township,  said  votes 
shall  be  taken  in  such  a  manner  that  the  moderator  of  such 
meeting  may  be  able,  and  shall,  upon  demand,  state  the  re- 
sult of  each  of  said  votes,  giving  the  number  voting  for  and 
the  number  voting  against  each  proposition  so  voted  upon, 
all  of  which  shall  be  duly  i-ecorded  by  the  township  clerk 
in  the  records  of  the  proceedings  of  such  meeting. 

The  section  8  referred  to  is  section  305. 

(338)  §  2310.     Sec.   40.      All    questions    upon    motions  Questions 
made  at  to^-nship  meetings,   shall  be  detei-mined  by  a  ma-  how°dSer-°°'' 
jority  of  the  electors   voting;  and   the  officer  presiding  at  ™'°^^- 
such  meeting  shall  ascertain  and  declare  the  result  of  the 

votes  upon  each  question. 


STATE   OF  MICHIGAN. 


^ 


CANVASS  OF  VOTES. 

(339)  §  2311.  Sec.  41.  The  votes  given  by  ballot  sliall 
he  publicly  canvassed  by  the  inspectors,  at  the  place  where 
I  lie  meeting  was  held,  and  the  result  shall  be  read  by  the 
clerk  to  the  persons  there  assembled;  and  such  reading  shall 
be  sufiflcient  notice  to  all  persons  elected  at  that  election  to 
anv  ofSce,  whose  names  are  on  the  poll  list  as  voters. 

(340)  §  2312.  Sec.  42.  Before  the  ballots  are  opened, 
I  hey  shall  be  counted  and  compared  with  the  poll  list,  and  the 
like  proceedings  shall  be  had  as  to  ballots  folded  together, 
and  as  to  differences  in  number,  as  are  prescribed  in  chapter 
five. 

S.'O  note   to  section    "32. 

(341)  §  2313.  Sec.  43.  The  canvass  being  completed, 
and  the  result  ascertained,  the  inspectors  shall  draw  up  a 
statement  in  writing,  setting  forth,  in  words  at  full  length. 
IJie  whole  number  of  votes  given  for  each  office,  the  names 
of  the  persons  for  whom  sucli  votes  for  each  office  were  given, 
and  the  number  of  votes  so  given  to  each  person,  which  state- 
ment shall  be  certified  under  the  hands  of  the  inspectors  to 
he  correct. 

(342)  §  2314.  Sec.  44.  The  inspectors  shall  also  certify 
upon  such  statement,  their  determination  of  the  persons 
elected  to  the  respective  offices,  including  as  well  those 
elected  without  ballot,  as  those  elected  by  ballot;  which  state- 
ment and  certificate  of  determination  shall  be  left  with  the 
township  clerk,  and  recorded  in  his  office. 

Robinson    v.    Supervisors,   49  /  321. 

(343)  §  2315.  Sec.  45.  The  persons  having  received  the 
greatest  number  of  votes  given  for  any  office  at  such  election, 
shall  be  deemed  and  declared  duly  elected;  and  if  two  or 
more  persons  shall  Inive  received  an  equal  number  of  votes 
for  (he  same  office,  the  inspectors  of  election  shall  determine 
llie  choice  by  lot,  and  shall  declare  and  certify  the  same  ac- 
cordingly. 

IViipIe   V.    Molitor,    23/341. 


r 


II 


TOWNSHIP  OFFICERS. 


1344)  §  2316.  Sec.  46.  All  officers  except  justices  of 
I  he  peace,  required  to  lie  elected  at  towTiship  meetings  by  bal- 
lot, shall,  before  entering  upon  the  duties  of  their  offices,  and 
within  ten  days  after  notice  of  their  election,  respectively 
take  and  subscribe  the  oath  of  office  prescribed  by  the  six- 


LAWS   RELATING    TO    ELECTIONS.  117 


teeutli  article  of  the  coustitulioii,  before  the  township  clerk 
or  other  ofHcer  authorized  to  ndiniuister  oaths,  and  file  the 
same  with  the  township  clerk,  anIio  shall  record  the  same;  and 
snch  oath  shall  l)e  administered  without  reward,  and  certi- 
fied by  the  officer  before  whom  the  same  was  taken,  willi 
the  date  of  taking  the  same. 

Am.   1913,   Act  89. 

(345)  §  2317.  Skc.  47.  Within  two  days  after  the  elec-  cierks.^when 
tiou  of  any  oflBcers  at  a  townshij)  meeting,  the  clerk  shall  sonTeiected'^" 
transmit  to  each  person  elected  to  any  to^\'iiship  ofiQce,  and 
whose  name  shall  not  have  been  entered  on  the  poll  list  at 
such  election  as  a  voter,  a  notice  of  his  election ;  and  each 
overseer  of  highways  and  poundmaster  elected  at  such  meet- 
ing, shall,  within  ten  days  after  notice  of  his  election,  file 
with  the  said  clerk  a  notice  in  writing  of  his  acceptance,  and 
in  default  thereof  he  shall  be  deemed  to  have  refused  to 
serve. 

(34G)     §  2318.     Sec.  48.     The  persons  so  elected  justices  whenjuatices 
of  the  peace,  shall  enter  upon  the  duties  of  their  offices  re-  their  dutiea. 
spectively,  as  follows : 

1.  Those  elected  for  the  full  term  of  four  years,  on  the 
fourth  day  of  July  next  succeeding  their  election ; 

2.  Those  elected  to  fill  vacancies,  and  those  elected  at  the 
first  township  meeting  in  any  new  to\\Tisliip,  immediately 
upon  the  filing  of  their  oath  of  office  and  security  with  the 
county  clerk,  as  required  by  law. 

Hulbert   v.   Henry,   105/212. 

(347)  §  2319.     Sep.  49.     When  a  new  township  shall  be  Justices  resid- 
organized,  if  there  be  one  or  more  justices  of  the  peace  re-  townships, 
i'iding  therein,  they  shall  be  deemed  io  have  vacated  their  re- 
si)ective  oflices. 

(348)  §  2320.     Sec.  .50.     Within  six  days  after  the  elec-  cia.'.sificatioii 
lion  of  justices  of  the  peace  in  such  new  township,  the  su))er-  »' Justices. 
visor  shall  give  notice  in  writing  to  the  justices  elected,  and 

to  the  township  clerk,  of  the  time  and  ])lace  when  and  where 
ho  will  meet  them,  to  determine  by  lot  the  classes  of  such 
justices;  which  notice  shall  be  served  at  least  six,  and  not 
more  than  twelve  days,  previous  to  the  time  appointed  therein 
for  such  meeting. 

(.349)  §  232i.  Sec.  51.  At  the  time  and  place  so  a]>-  j^„i'"{«,"^'|,f''^- 
I)oiuted,  the  supervisor  and  township  clerk  shall  cause  to  be  o'^ce^ 
written  on  separate  pieces  of  paper,  as  near  alike  as  may  be, 
the  numljers  one,  two,  three,  four,  or  such  and  so  many  of 
such  numbers  as  shall  correspond  with  the  number  elected, 
and  shall  cause  them  to  be  rolled  up  as  nearly  alike  as  may 
be,  and  deposited  in  a  box;  and  the  persons  elected  justices 
shall  severally  draw  one  of  the  said  ])ieces  of  paper,  and  each 
shall  be  classed  according  to  the  numl)er  written  on  the  pajier 
so  drawn  by  him,  and  shall  hold  his  office  for  the  term  as  fol 
lows:     The  term  of  number  one  shall  expire  on  the  fourth 


STATE   OF  MICHIGAN. 


day  of  July  then  next  following,  and  the  terms  of  the  others 
on  the  fourth  day  of  July  in  each  succeeding  year,  respect- 
ively, according  to  the  numbers  drawn  by  them. 

(350)  §  2322.  Sec.  52.  If  any  person  elected  a  justice 
shall  neglect  to  attend  such  drawing,  the  supervisor  shall 
draw  for  him;  but  if  the  supei-visor  be  absent  from  his  town- 
ship, or  unable  to  serve,  or  his  office  be  vacant,  the  township 
clerk  shall  give  the  notice,  and  perform  the  duties  herein 
enjoined  on  such  supervisor. 

(351)  §  2323.  Sec.  53.  Duplicate  certificates  of  such 
drawing,  and  of  the  result  thereof,  shall  be  made  and  certi- 
fied by  the  supervisor  and  town.ship  clerk,  or  such  one  of 
them  as  shall  attend  the  same,  one  of  which  shall  be  filed 
with  the  township  clerk,  and  the  other  with  the  county  clerk, 
and  shall  be  recorded  by  said  clerks  in  the  books  in  which 
the  canvasses  of  votes  shall  have  been  recorded,  and  shall  be 
conclusive  evidence  of  the  classes  to  which  the  justices  so 
elected  belong. 

(352)  §  2.324.  Sec.  54.  In  case  more  than  one  existing 
vacancy  in  the  office  of  justices  of  the  peace  shall  be  supplied 
by  election  at  any  township  meeting,  the  classes  of  the  pex*- 
sons  elected  to  fill  the  same  shall  be  determined  by  lot,  within 
the  time,  and  in  the  manner  prescribed  for  classifying  justices 
elected  in  new  townships. 

(353)  §  2325.  Sec.  55.  If  any  person  elected  to  any 
township  office,  except  that  of  justice  of  the  peace,  of  whom 
an  oath  of  office  is  requii-ed,  who  is  not  exempted  by  law 
from  holding  the  office  to  which  he  is  elected,  shall  not,  with- 
in ten  days  after  notice  of  his  election,  take  and  subsci'ibe 
the  oath  of  office  required  by  law,  and  cause  the  same  to  be 
filed  with  the  township  clerk,  or  if  any  such  officer  of  whom 
a  bond  or  security  shall  be  required,  shall  not  file  such  bond 
or  security  within  the  time  above  limited  for  filing  his  said 
oath,  he  shall  forfeit  and  pay  the  sum  of  ten  dollars;  and  if 
any  person  elected  to  the  office  of  overseer  of  highways  or 
l)oundmaster,  and  not  exempted  by  law  from  holding  such 
office,  shall  refuse  to  serve,  he  shall  forfeit  and  pay  the  like 
sum,  unless  the  person  selected  shall  file  with  the  clerk  of 
his  township,  within  said  ten  days,  a  written  notice  stating 
lliat  he  declines  accepting  the  office. 


THE  BOARD  OF  REVIEW. 

[Extract  from  Act  206,   P.  A.  1893.] 


Board  of  re-  (3.54)     §3851.     Sec.  28.     At  the  annual  towuship  meeting 

/lew,  election  |j^.]^  p^j  ^j^g  gj.g^  Moudav  of  April  in  the  year  eighteen  hun- 
dred and  ninety-four,  there  shall  be  elected  by  ballot,  on  the 
regular  township  ticket,  two  tax-paying  electors  of  the  town- 


LAWS   RELATING    TO    ELECTIONS.  119 


ship,  who  shall  be  owTiers  of  land  in  said  to^vnship,  to  serve 
as  members  of  the  board  of  review,  one  of  whom  shall  be 
elected  for  one  year  and  one  for  two  years,  and  annually 
thereafter  one  member  shall  be  elected  for  two  years,  who 
shall  take  the  constitutional  oath  of  office  as  other  township 
oilicers.  The  supeiTisor  and  the  two  electors  so  elected  shall  who  to  con- 
constitute  a  board  of  review  for  such  township.  The  town-  ^  "  **• 
ship   board   mav   temi)orarilv   fill    any   vacancy   which   shall  Vacancy. 

.  ■  -.  11-        %         -Ti  J       J--  14.  how  filled. 

occur  in  said  membership  of  said  board  of  review,  but  no 
member  of  such  township  board  shall  be  eligible  to  fill  such 
vacancy.  A  majority  of  said  board  of  review  shall  con.stitute  Quorum,  etc. 
a  quorum  for  the  transaction  of  business,  but  a  less  number 
may  adjoura  from  day  to  day  and  a  majority  vote  of  those 
present  shall  decide  all  questions. 

Am.    1901,   Act    129. 

The   above   section   is   taken   from    an    act   providing  for    the   assessment   ot 
property  and  collection  of  taxes,  etc. 


RESIGNATIONS,  VACANCIES,  AND    SUPPLYING   VACANCIES. 

(355)  §  2326.       Sec.   56.       Resignations  of  all  officers  How  resi^a- 
elected  at  to^\Tiship  meetings  shall  be  in  writing,  signed  by 

the  officer  resigning,  and  addressed  to  the  to^mship  board, 
and  shall  be  delivered  to  and  filed  by  the  towTiship  clerk ;  and 
when  a  justice  of  the  peace  resigns,  such  clerk  shall  im- 
mediately transmit  a  copy  of  .such  resignation,  certified  by 
him,  to  the  county  clerk. 

(356)  §  2327.     Sec.  57.     Every  township  office,  including  when  office 
the  office  of  justice  of  the  peace,  shall  become  vacant,  upon  vac^alit'.'"'^ 
the  happening  of  either  of  the  e\'ents  specified  in  chapter  fif- 
teen, as  creating  a  vacancy. 

VACANCIES:      See    sections    478.    480,   484,    487. 

Paw   raw  V.  Eggleston,  25  /  39  ;  People  v.   Stellwagen,  33  / 1. 

(357)  §  2328.     Sec.  58.     Whenever  there  shall  be  a  va-  Temporary 
cancy,  or  when  the  incumbent  shall,  from  any  cause  be  unable  whm'mSfe"'^' 
to  perform  the  duties  of  his  office,  in  either  of  the  towTiship  board™""'"''' 
offices,  except  that  of  justice  of  the  peace  and  to^^'nship  trea.s- 

urcr,  the  township  board  may  make  temporary  appointments 
of  suitable  persons  to  discharge  the  duties  of  such  offices  re- 
spectively; and  such  persons,  so  appointed,  shall  take  the 
oath  of  office,  or  file  the  notice  of  acceptance  required  by  law, 
and  shall  continue  to  discharge  such  duties  until  the  office 
is  filled  by  election,  or  until  the  disability  aforesaid  be  re- 
moved. 

Bank  v.  St.  .Toseph,  46/528;  Locke  v.  ITighway  Com'r.  107/633.  Murphy 
V,  Montmorency  Circuit  .Judge,  159/392.  A  township  temporarily  represented 
liy  an  appointed  supervisor  has  the  same  voice  upon  the  board  that  It  had 
before   the   vacancy. — Peck   v.    Supervisors,    102  /  346. 


120 


STATE  OF  MICHIGAN. 


When  town- 
ship treasurer 
appointed  by 
board. 


(358)  §  2329.  Sec.  59.  In  case  the  treasurer  of  any 
township  shall  refuse  to  serve,  or  shall  vacate  his  office  be- 
fore completing  the  duties  thereof,  or  be  disabled  from  com- 
pleting the  same,  by  reason  of  sickness  or  any  other  cause, 
the  township  board  shall  forthwith  appoint  a  treasurer  for 
the  remainder  of  the  term,  who  shall  give  like  security,  and 
be  subject  to  like  duties  and  responsibilities,  and  have  the 
same  powers  and  compensation  as  the  treasurer  in  whose 
place  he  was  appointed,  and  the  township  clerk  shall  im- 
mediately give  notice  thereof  to  the  county  treasurer;  but 
such  appointment  shall  not  exonerate  the  former  treasurer, 
or  his  sureties,  from  any  liability  incurred  by  him  or  them. 


CERTAIN  DUTIES  OF  TOWNSHIP  CLERK  RELATIVE  TO   ELEC- 
TIONS. 


Minutes  of 

township 

meeting. 


(359)  §  2339.  f'.EC.  66.  He  shall  transcribe  in  the  book 
of  records  of  his  township  the  minutes  of  the  proceedings  of 
every  township  meeting  held  therein,  and  he  shall  enter  in 
such  book  every  order  or  direction,  and  all  rules  and  regula- 
tions made  by  any  such  township  meeting. 

Harding  v.   Bader,   75  /  318. 


Clerks  to  make 
return  of 
officers  to 
county  clerk 


(360) 


2340.     Sfc.  67.    The  township  clerk  of  each  town- 


ship, and  the  city  clerk  of  each  city,  shall,  immediately  after 
Ihe  qualifying  of  the  several  officers  elected  or  appointed  in 
their  respective  townships  and  cities,  return  to  the  clerks  of 
their  respective  counties  the  names  of  all  such  officers,  with 

Proviso.  their    respective    postoffice    addi'esses :      Provided,    That    the 

town.ship  clerk  of  the  township  of  South  Manitou  in  the 
county  of  Manitou,  may  make  such  return  at  any  time  before 
the  flr.st  day  of  June  next  after  the  election  of  such  officers. 

To  give  notice  f361)  §  2341.  Sec.  68.  Each  towuship  clerk  shall,  imme- 
diately after  the  election  of  any  justices  of  the  peace  in  his 
township,  transmit  a  written  notice  thereof  to  the  county 
clei-k,  stating  therein  the  names  of  the  persons  so  elected,  and 
the  terms  for  which  they  were  respectively  elected ;  and  if  one 
or  more  of  them  has  been  elected  to  fill  a  vacancy,  he  shall 
state  in  such  notice  who  was  the  last  incumbent  of  the  office. 


of  election  of 
jastices 


Duties  of 
treasurer. 


TOWNSHIP  TREASURER. 

(362)  §  2353.  Sec.  76.  The  township  treasurer  shall  re- 
ceive and  take  charge  of  all  moneys  belonging  to  the  town- 
ship, or  which  are  by  law  required  to  be  paid  into  the  town- 
ship treasury,  including  all  moneys  that  may  accrue  to  his 


I 


LAWS   RELATING   TO   ELECTIONS.  121 

township  on  aot-ouut  of  non-resident  liiglnvay  taxes,  and  shall 
pay  over  and  account  for  tlie  same,  according  to  the  order 
of  sncli  townsliip,  or  tlie  officers  thereof  dnly  authorized  in 
that  belialf;  and  shall  perform  all  such  other  duties  as  shall 
be  required  of  him  bv  law;  but  no  person  shall  be  eligible  to  Not  to  hoiii 

,,  A,,  „    ,  »  •'      J  J.  ji  j_  •„  office  more 

the  office  of  townslii]>  troasui-er  for  more  than  two  years  in  than  two  years 
succession.  '"  ^"'■<^^^^'°"- 


COMPENSATION  OF  TOWNSHIP  OFFICERS. 

(3G3)      §  2374.     Sec.  95.     The  following  township  oflScers  Township 
shall  be  entitled  to  compensation  at  the  following  rates  for  p^'sau'on"of' 
each   day  actually  and  necessarily  devoted  by  them   to  the 
service  of  the  township  in  the  duties  of  their  respective  of- 
fices,   to    be    verified  by  affidavit,  whenever  required  by  the 
township  boards: 

First,  The  officers  composing  the  township  boards,  board  of  Boards,  etc. 
registration,  board  of  health,  inspectors  of  election,  clerks  of 
the  poll  and  commissioners  of  highways,  three  dollars  per  day, 
and  at  tlie  same  rate  for  parts  of  days; 

Second,  The  supervisor  for  taking  the  assessment  and  for  Supervisor. 
all    services    not    connected    with    above    boards,    three    dol- 
lars per  day  and  at  the  same  rate  for  parts  of  days; 

Third,  The  township  clerk,  as  clerk  of  the  township  board.  Township 
three  dollars  per  day  and  at  the  same  rate  for  parts  of  days,  "^'""^ 
but  no  township  officer  shall  be  entitled  to  pay  for  acting  in 
more  than  one  capacity  at  the  same  time. 

Am.    1907,   .\ct   98;    1911.   .\it    200. 

(364)  Sec.  2.     This  act  shall  not  take  effect  until  ratified  Ratification. 
by  the  electors  of  said   1o\\nship. 

Added    1911,    Act   2G0. 

This  provision  for  a  referendum,  added  by  the  amendment  of  1911  to  sec- 
tion 363  (C.  Ij.  §  2374)  seems  to  have  tlie  eflfect  of  leaving  the  amendment 
of  1907  still  in  force  in  such  townships  as  do  not  ratify  the  amendment  of 
1911.  The  only  changes  made  in  the  section  hy  the  last  amendment  are 
found  in  subdivisions  first  and  third.  The  following  is  the  text  of  those  sub- 
divisions   in    tile    amendment    of    1907  : 

First,  The  ofBcers  composing  the  township  boards,  board  of  registration, 
board  of  health,  inspectors  of  election,  clerks  of  the  poll,  commissioners  of 
highways  and  school  inspectors,  one  dollar  and  fifty  cents  per  day,  and  at 
the   same   rate   for  parts   of    days ; 

Third,  The  township  clerk,  as  clerk  of  the  board  of  commissioners  of  high- 
ways, of  the  township  board,  and  of  the  board  of  school  inspectors,  one 
dollar  and  fifty  cents  per  day  and  at  the  same  rate  for  parts  of  days,  but  no 
township  officer  shall  be  entitled  to  pay  for  acting  in  more  than  one  capacity 
at  the  same  time :  I'rovided,  That  at  an.v  annnal  township  meeting,  the 
electors  of  the  township  may,  by  a  majority  vote  of  those  present  and  voting, 
increase  the  compensation  of  any  or  all  of  the  officers  mentioned  in  this  sec- 
tion, excepting  as  above  provided  for  the  supervisor,  to  a  sum  not  to  exceed 
two   dollars   per  day. 

(365)  §  2375.  Sec.  96.  For  services  not  otherwise  pro-  Compensation 
vided  for  by  law,  rendered  to  townships  by  township  officers  vlces""*"^  ^'' 
in  the  duties  of  their  respective  offices,  the  township  board 


122 


STATE   OF  MICHIGAN. 


shall  audit  and  allow  such  compensation  as  they  shall  deem 
reasonable. 

Sawyer-Goodman    Co.    v.    Crystal   Falls   Twp.,    56/507. 


TOWNSHIP  BUSINESS  OTHER  THAN  ELECTIONS. 


Moderator  of 

township 

meeting. 


Powers  and 
duties  of 
moderator. 


Idem. 


Disorderly 
conduct  at 
township 
meetings. 


Penalty  for 
disregarding 
order  of 
moderator. 


(366)  §  2376.  Sec.  97.  In  the  transaction  of  any  busi- 
ness other  than  the  election  of  officers  in  any  township  meet- 
ing, the  supervisor,  if  present,  shall  be  the  moderator  of  the 
meeting;  and  if  he  shall  not  be  present,  any  other  of  the  in- 
spectors of  election,  except  the  clerk,  who  shall  be  designated 
by  the  inspectors  present,  shall  be  the  moderator ;  or  the  meet- 
ing, under  the  direction  of  tlie  inspectors  present,  may  elect 
viva  voce,  a  moderator  of  the  meeting. 

(367)  §  2377.  Sec.  98.  The  moderator  shall  preside  in, 
and  regulate  the  proceedings  of  the  meeting;  he  shall  decide 
all  questions  of  order,  and  make  public  declaration  of  all 
votes  passed;  and  when  any  vote  so  declared  by  him  shall 
immediately  upon  such  declaration  be  questioned  by  seven  or 
more  of  the  votere,  he  shall  make  the  vote  certain  by  polling 
the  voters,  or  dividing  the  meeting,  unless  the  township  shall, 
by  a  previous  vote,  or  by  their  by-laws,  have  otherwise  pro- 
vided. 

(368)  §  2378.  Sec.  99.  No  person  shall  address  the  meet- 
ing before  permission  obtained  of  the  moderator,  nor  while 
any  other  person  is  speaking  by  his  permission ;  and  all  per- 
sons at  such  meeting  shall  be  silent  at  the  request  of  the 
moderator. 

(369)  §  2379.  Sec.  100.  If,  at  any  township  meeting  any 
person  shall  conduct  himself  in  a  disorderly  manner,  and, 
after  notice  from  the  moderator  shall  persist  therein,  the 
moderator  may  order  him  to  withdraw  from  the  meeting; 
and  on  his  refusal,  may  order  the  constables,  or  any  other 
persons  to  take  him  into  custody  until  the  meeting  be  ad- 
journed. 

(870)  §  2380.  Sec.  101.  Any  person  who  shall  refuse  to 
withdraw  from  such  meeting,  on  being  ordered  by  the  modera- 
tor to  do  so,  as  provided  in  the  preceding  section,  shall,  for 
every  such  offense,  forfeit  a  sum  not  exceeding  twenty  dol- 
lars. 


Who  may 
vote,  chal- 
lenges. 


QUALIFICATIONS  OF  VOTERS  AND  OFFICERS. 

(371)  §  2381.  Sec.  102.  Each  inhabitant  of  any  town- 
ship, having  the  qualifications  of  an  elector,  as  specified  in 
the  constitution  of  this  state,  and  no  other  person,  shall  have 


LAWS    RELATING    TO   ELECTIONS.  123 

a  right  to  vote  on  all  matters  and  questions  before  any  town- 
ship meeting,  and  when  any  person  claiming  the  right  to  vote 
shall  be  challenged  by  a  voter,  the  moderator  shall  proceed  in 
the  same  manner  as  on  challenges  at  the  election  of  township 
officere. 

Mudge   T.   Stebbins,   50/165;   Mentou   v.   Cook,   147/540. 

(372)  §  2382.     Sec.  103.     No  person  except  a  citizen  of  who  eligible 
the  United  Stales  and  an  elector  as  aforesaid  shall  be  eligible 

to  any  elective  oflice  contemplated  in  this  chapter:    Provided  Proviso, 
however,  That   any   female  person  of  or  above  the  age  of 
twenty-one  years,  who  has  resided  in  this  state  six  months  and 
in   the  township   twenty   days  next   preceding  any  election, 
shall  be  eligible  to  the  office  of  school  inspector. 

The  office  of  school  Inspector  is  now  obsolete. 

(373)  §  4662.  Sec.  17.  In  all  school  elections  including  Qualified 
school  elections  held  in  disti'icts  organized  and  governed  in  deemed! 
whole  or  in  part  by  a  local  act  or  acts,  any  provisions  in  such 

local  act  or  acts  to  the  contrary  notwithstanding,  every  citi- 
zen of  the  United  States  of  the  age  of  twenty-one  years,  male 
or  female,  who  owns  property  which  is  assessed  for  school 
taxes  in  the  district,  or  who  is  the  parent  or  legal  guardian 
of  any  child  of  school  age  included  in  the  school  census  of 
said  district,   and  who  has  resided   iu    said    district    three 
mouths   next  preceding   such  election,   shall  be    a    qualified 
voter.     On  the  question  of  voting  school  taxes,  every  citizen  Taxes. 
of  the  United  States  of  the  age  of  twenty-one  years,  male  or 
female,  who  owns  property  which  is  assessed  for  school  taxes 
in  the  district,  and  who  has  resided  in  the  district,  as  above 
stated,  shall  be  a  qualified  voter :     Pro\dded,  That  the  pur-  Proviso, 
chaser  of  land  upon  a  land  contract,  who  actually  pays  the  contracts. 
taxes  upon  such  land  and  resides  thereon,  may  vote  upon  all 
questions;    and   where   a    husband    and    wife   own    property  Husband 
jointly  and  same  is  assessed  for  school  taxes  in  the  school  ^"'*  "''^' 
district,  each  may,  if  otherwise  qualified,  vote  upon  all  ques- 
tions including  the  questiom  o£  raising  money. 

Am.   1909,  Act  83:   1913,  Act  140. 


All   Act  authorizing  women   to   vote   in   certain   cases. 
[Act   208,   P.   A.  1909.] 

Tlie  People  of  the  State  of  Michigan  enact: 

(374)     Section  1.     At  any  election  hereafter  held  in  any  propositions 
village,  township,  city,  county  or  school  district  at  which  any  wmnenmay 
question   involving  the  direct  expenditure  of  public  money  ™'^ 
or  the  issue  of  bonds  shall  be  submitted  to  a  vote  of  the  elec- 


STATE   OF   MICHIGAN. 


tors,  every  woman,  who  possesses  the  qiialificatious  of  male 
electors  and  has  property  assessed  for  taxes  in  any  part  of 
Ihe  district  or  territory  to  be  affected  by  the  result  of  such 
election,  shall  be  entitled  to  vote  thereon. 

(375)  Sec.  2.  It  shall  be  the  duty  of  every  board  of  regis- 
( ration,  upon  such  days  as  boards  of  registration  are  re- 
(|uired  to  te  in  session,  to  register  the  names  of  all  women 
who  will  be  entitled  to  vote  ui)on  any  (juestion  involving  the 
direct  exitenditure  of  public  money  or  the  issue  of  bonds  at 
any  subsequent  election.  No  woman  shall  be  registered  un- 
less she  makes  personal  application  to  the  board  of  registra- 
tion. It  shall  be  unlawful  for  said  boards  of  registration 
to  register  any  woman  under  authority  of  this  act,  unless  she 
jiossesses  the  qualifications  prescribed  for  an  elector  in  sec- 
tion one  of  article  three  of  tlie  constitution  and  has  property 
assessed  for  taxes :  Provided,  That  any  woman  who  possesses 
the  qualifications  of  male  electors  and  owns  property  jointly 
with  her  husband  or  other  person,  or  who  owns  property  on 
contract,  and  pays  the  taxes  thereon,  shall  be  entitled  to 
register  and  shall  have  the  right  to  vote  on  all  such  propo- 
.■^itions  as  are  referred  to  in  this  act:  Provided  further,  That 
in  all  school  elections  at  which  the  question  of  the  direct  ex- 
jienditure  of  public  money  or  the  issue  of  bonds  is  to  be 
voted  upon,  women  shall  be  permitted  to  vote  without  regis- 
tration \n  the  manner  now  provided  in  the  general  school 
law. 

(370)  Sec.  3.  It  shall  be  the  duty  of  the  various  village, 
township  and  city  clerks  to  procure  and  furnish  to  the  vari- 
ous boards  of  registration  a  separate  register  in  which  shall 
be  written  the  names  of  all  women  entitled  to  registration  un- 
der authorit}'  of  this  act.  The  various  boards  of  registration 
sliall  give  notice  of  the  time  and  place  where  they  will  be 
in  session  and  shall  conduct  the  registration  in  the  manner 
authorized  by  sections  three  thousand  five  hundred  thirty- 
six  to  three  thousand  five  hundred  sixty-four,  inclusive,  of 
the  compiled  laws  of  eighteen  hundred  ninety-seven. 

(377)  Sec.  4.  The  propositions  herein  referred  to  shall 
be  printed  upon  ballots  which  shall  not  contain  any  other 
question  to  be  voted  upon  at  such  election.  All  elections  at 
which  women  vote  shall  be  conducted  and  all  b;\llots  shall  be 
cast,  counted  and  canvassed  in  the  manner  provided  for  by 
existing  law,  except  where  the  contrai-y  is  herein  expressed. 


LAWS   RELATING    TO    ELECTIONS.  125 


FIRST  ELECTIONS  IN  TOWNSHIPS. 

IKxtract   from   Act  15G,  S.   L.   1851.] 

(3TS)      5  2480.     Sec.  16.  '  Whenever  the  board    of    super-  pro(ewiiiif;.s 
visors  shall  erect  a  new  township  in  any  county,  they  shall  uonof^new"' 
designate  the  name  thereof,  the  time  and  place  of  holding  the  boanf'oT  ^^ 
first  annual  township  meeting  therein,  and  three  electors  of  supervisors. 
such  township,  whose  duty  it  shall  be  to  preside  at  such  meet- 
ing, appoint  a  clerk,  ojien  and  keep  the  polls,  and  exercise 
the  same  i)owers  as  the  inspectors  of  election  at  any  township 
meeting.     And  in  case  any  of  the  three  electors  above  men- 
tioned shall  refuse  or  neglect  to  serve,  the  electors  of  said 
township  present  at  such  meeting  shall  have  power  to  substi- 
tute some   other  elector   of  such   township   for   each    one   so 
neglecting  or  refusing  to  serve.    Kotice  of  the  time  and  place  ^o'ice  of 

n  ,  ..  •  1   1       ii  1      •  1      1        £   ii       1  1  fixing  town- 

of  such  meeting,  signed  by  the  chairman  or  clerk  ot  tiie  board  ship  meeting. 
of  supei'visors,  shall  be  posted  in  four  of  the  most  public 
places  in  such  new  township,  by  the  persons  so  designated  to 
preside  at  such  meeting,  or  by  some  person  appointed  by  such 
board  of  supervisors  for  that  purpose,  and  in  each  of  the 
townships  whose  boundaries  may  have  been  altered  by  the 
erection  of  such  new  township,  at  least  fourteen  days  before 
holding  the  same.     Thcv  shall  also  fix  the  iilace  fnr  holding  Place  of  hoid- 

,,        „    '       ,  ,  .  , .'  •       .,       J  .  e  I  •    t    ifiR  first  town- 

tlie  tirst  townshiji  meetings  in  the  town  or  towns  rrom  which  ship  meeting. 
such  new  township  shall  be  taken,  which  shall  also  be  stated 
ill  the  notice  i)osted  in  such  last  named  township;  but 
nothing  in  this  act  shall  affect  the  rights,  or  abridge  or  en 
large  the  term  of  office  of  any  town  officer  except  justice  of 
the  jH'ace,  in  any  sucli  township;  but  such  township  officer 
other  than  justice  of  the  peace,  residing  within  the  limits 
of  such  new  township,  shall  continue  to  be  such  officer  in 
such  new  township,  till  the  expiration  of  the  time  for  which 
he  was  elected,  in  the  same  manner  as  if  originally  elected 
therein ;  and  the  terms  of  office  of  all  township  officers  ex- 
cept justices  of  the  peace  elected  at  such  first  township  meet- 
ing, shall  expire  on  the  first  Monday  of  April  thereafter,  or 
as  soon  thereafter  as  their  successors  are  elected  and  qualified. 

Atfy   Gen.   v.   SLirr,   55/445. 


126 


STATE   OF  MICHIGAN. 


CHAPTER      VII  r.— OFFENSES      AGAINST     ELECTION 

LAWS. 


PENALTIES. 


[R.    S.   1846,   Chap.   19.] 

Punishment  of      (379)      g  11437.     SECTION  1.     If  any  officer  on  whom  any 


wilful  neEiect   duty  is  enjoined  by  law  relative  to  general,  special,  township 


officers  for 

ct 

of  duty.  or  charter  elections,  or  the  canvassing  or  return  of  votes  given 

at  any  election,  shall  be  guilty  of  any  wilful  neglect  of 
such  duty,  or  of  any  corrupt  conduct  in  the  execution  of  the 
same,  he  shall,  on  conviction  thereof,  be  deemed  guilty  of  a 
misdemeanor,  and  shall  be  punished  by  flue  not  exceeding  one 
thousand  dollars,  or  imprisonment  in  the  state  prison  not  ex- 
ceeding three  years. 

Wattles  V.   People,   13  /  449  ;   People  v.   Swift,   59  /  543. 
Information    held   good    under   this   section,    103  / 109. 


Punishment 
for  bribing  an 
elector,  etc. 


Punishment 
for  illegal 
voting. 


Penalty  for 
counseling, 
etc.,  any 
person  not 
qualified  to 
vote. 


(380)  §  11438.  Sec.  2.  If  any  person  shall  by  bribery, 
menace,  or  any  other  corrupt  means  or  device  whatever,  either 
directly  or  indirectly,  attempt  to  influence  any  elector  in  giv- 
ing his  vote,  or  deter  him  from,  or  interrupt  him  iu  giving 
the  same,  at  any  election  held  pursuant  to  the  provisions  of 
law,  such  person  shall  on  conviction  thereof,  be  adjudged 
guilty  of  a  misdemeanor,  and  shall  be  punished  by  a  fine  not 
exceeding  five  hundred  dollars,  or  by  imprisonment  in  the 
county  jail  not  exceeding  one  year,  or  both,  in  the  discretion 
of  the  court. 

(381)  §  11439.  Sec.  3.  Every  person  not  a  qualified 
voter,  who  shall,  at  any  election,  wilfully  give  in  a  vote  for 
any  officer  then  to  be  chosen ;  and  every  qualified  voter  who, 
at  such  election,  shall  vote  or  offer  to  vote  in  any  township 
or  ward  in  which  he  does  not  reside,  or  who"  shall  vote  or 
offer  to  vote  more  than  once  at  the  same'eleetion,  either  in 
the  same  or  any  other  township  or  ward,  or  shall  give  in  two 
or  more  votes  folded  together,  shall,  on  conviction  thereof,  be 
adjudged  guilty  of  a  misdemeanor,  and  shall  be  punished  by 
fine  not  exceeding  five  hundred  dollars,  or  by  imprisonment 
in  the  county  jail  not  exceeding  one  year,  or  both,  in  the  dis- 
cretion of  the  court. 

Criminal  intent  is  a  necessary  element  of  the  offense  defined  by  this  section  ; 
good  faith  being  a  defense  to  such  prosecution. — People  v.   Osborn,   170  / 143. 

(382)  §  11440.  Sec.  4.  Every  person  who  shall  procure,- 
aid  or  counsel  any  person  not  duly  qualified  to  vote  at  the 
jilace  where  the  vote  is  given  or  effered,  to  give  or  oft'er  his 
vote  at  any  such  election,  and  every  person  who  shall  pro- 
cure, aid,  or  counsel  any  person  to  go  or  come  into  any  town- 


LAWS   RELATING    TO    ELECTIONS.  127 


ship  or  ward  for  the  purpose  of  voting  therein,  at  any  elec- 
tion, knowing  that  such  person  is  not  duly  qualified  to  vote 
in  such  township  or  ward,  shall  be  deemed  guilty  of  a  mis- 
demeanor, and  on  conviction  thereof,  shall  be  punished  in  the 
manner  pi-escribod  in  the  third  section  of  this  chapter. 

McDade  v.   People,  20/55. 

(383)  §  11441.     Sec.  5.     Any  person  not  duly  authorized  P'J"p'|'™fn'' 
by  law,  who  shall,  during  the  progress  of  any  election  in  this  violations. 
state,  or  after  the  closing  of  the  polls,  and  before  the  ballots 

are  counted,  and  the  result  ascertained,  break  open,  or  violate 
the  seals  or  locks  of  any  ballot  box  in  which  ballots  have  been- 
deposited  at  such  election,  or  who  shall  obtain  undue 
possession  of  such  ballot  box  containing  such  ballots,  and  con- 
ceal, withhold,  or  destroy  the  same,  or  who  shall  fraudulently 
or  forcibly  add  to  or  diminish  the  number  of  ballots  legally 
deposited,  and  all  persons  aiding  or  abetting  therein,  shall  be 
adjudged  guilty  of  a  misdemeanor,  and  on  conviction  thereof 
shall  be  punished  by  imprisonment  in  the  state  prison  for  a 
term  not  exceeding  ten  years,  or  by  a  fine  not  exceeding  one 
thousand  dollars. 

Drennan  v.   People,  10  /  173. 

(384)  §  11442.     Sec.  G.    It  shall  be  the  duty  of  every  in-  ^uty^ot^^^ 
spector  of  elections,   sheriff,   constable,    and    justice  of  the 
peace,  knowing,  or  having  reason  to  believe  that  an  offense 
punishable  under  the  provisions  of  this  chaptei",  has  been  com- 
mitted, to  cause  the  offender  forthwith  to  be  arrested,  and  to 

give  information  thereof  to  the  prosecuting  attorney  without 
delay,  and  such  prosecuting  attorney  shall  adopt  effectual 
measures  for  the  punishment  of  all  persons  who  shall  violate 
the  provisions  of  this  chapter. 

(385)  ?  11443.    Sec.  7.    It  shall  be  the  duty  of  all  courts  courts  to 
in  this  state,  having  cognizance  of  such  offenses,  at  each  term  jury. 
thereof  to  charge  the  grand  jury  to  make  presentment  of  all 
offenses  committed  within  their  respective  counties,  against 

any  of  the  provisions  of  this  chapter. 


BETTING  UPON  ELECTIONS. 

An  Act  to  preserve  the  purity  of  elections. 
[Act    172,    S.   L.    1861.] 

TJie  People  of  the  State  of  Michigan  enact: 
(386)     §  11444.     Section  1.     That  any  person  who  shall.  Penalty  for 

.,;         J.     ",,  •     J.        ii       .     i  "^  1  T  betting  on 

either  directly  or  indirectly,  bet,  wager,  or  hazard  any  money,  election, 
or  other  property,  upon  the  result  of  the  election  of  any  ofB- 
cer  of  this  state,  or  of  the  United  States,  shall,  on  conviction 


128 


STATE   OP   MICHIGAN. 


thereof,  be  liable  to  a  fine  at  least  equal  in  amount  to  the 
amount  of  money  or  the  value  of  the  property  so  bet,  wagered 
Proviso.  or  hazarded :     Proxided,  That  in  no  case  shall  such  fine  be 

less  than  five,  nor  more  llinn  live  hundred  dollars. 

Buckley    V.    Saxe,    10  /  328. 


Selling  pools 
on  election, 
etc.,  pro- 
hibited. 


Penalty  for 

wagering 

money. 


Penalty  for 
wagering 
money,  etc. 


BETTING  UPON  NOMINATIONS. 

An  Act  to  prevent  betting  upon  the   result  of  any  political  nomina- 
tion,   appointment,  or  election. 

[Act   175,    P.   A.    18T7.1 

The  People  of  the  State  of  Michigan  enact: 

(387)  §  11445.  Section  1.  That  any  person  Avho  shall 
keep  any  room  or  building  for  the  purpose,  in  part  or  in 
whole,  of  recording  or  registering  bets  or  wagers,  or  of  sell- 
ing pools  upon  tlie  result  of  any  political  nomination,  ap- 
pointment, or  election,  and  any  person  who  shall  record  or 
register  bets  or  wagers  or  sell  pools  on  sncli  result,  or  any 
person  who  shall  wager  any  property,  money,  or  thing  ex- 
ceeding one  hundred  dollars  in  value  on  such  result,  or  shall 
keep  or  employ  any  device  or  apparatus  for  the  purpose  of 
registering  or  recording  bets  or  wagers,  or  the  selling  of  such 
pools,  sliall  be  deemed  guilty  of  a  misdemeanor,  and  shall  on 
[upon]  conviction  thereof  be  punished  by  imprisonment  in 
the  county  jail  not  more  than  one  year,  or  by  fine  not  exceed- 
ing one  thousand  dollars,  or  by  both  such  fine  and  imprison- 
ment. 

(38S'|  §  1144C.  Sec.  2.  Any  person  who  shall  wager  any 
jtroperty,  money  or  thing  not  exceeding  one  hundred  dollars 
in  value,  or  shall  become  the  custodian  or  depository  of  any 
money,  property,  or  thing  of  value,  staked,  wagered,  or 
pledged,  upon  the  result  of  any  political  nomination,  appoint- 
ment, or  election,  shall  be  deemed  guilty  of  a  misdemeanor, 
and  shall  upon  conviction  thereof  be  punished  by  imprison- 
ment in  the  county  jail  not  more  than  three  months,  or  by 
fine  not  exceeding  one  hundred  dollars,  or  by  both  such  fine 
and  imprisonment. 


BRIBERY. 

An  Act  to  maintain  political  purity. 
[Act   190.    P.    A.    1877.] 

The  People  of  the  State  of  Michigan  enact: 

Persons  (389)      §  11447.     SECTION    1.     That  the   following  persons 

ofbJmerT'"''  shall  be  gi'iilty  of  bribery,  and  shall  be  punished  accordingly: 

First,  Every  person   who  shall,  directly  or  indirectly,  by 


LAWS    RELATING    TO    ELECTIONS.  129 

himself  or  by  any  other  person  on  his  behalf,  give,  lend,  or 
agree  to  give  or  lend,  or  shall  offer  or  promise  any  money  or 
valuable  consideration  or  promise  or  endeavor  to  procure  any 
money  or  valuable  consideration  to  or  for  any  voter,  or  to 
or  for  any  person  on  behalf  of  any  voter,  or  to  or  for  any 
]ierson  in  order  to  induce  anj'  voter  to  xoia  or  refrain  from 
voting,  or  shall  corruptly  do  any  such  act  as  afoi'esaid,  on 
account  of  such  voter  having  voted  or  refrained  from  voting 
for  any  person,  candidate  or  ticket  at  any  public  election  in 
this  state; 

Second,  Every  person  who  shall,  directly  or  indirectly,  by  The  offer  or 
himself  or  by  any  other  person  on  his  behalf  give  or  pro-  offlceret?.' 
cure,  or  agree  to  give  or  procure,  or  offer  or  promise  any  of- 
fice, place,  or  employment,  or  promise  to  procure  or  to  en- 
deavor to  procure  any  ofiSce,  place,  or  employment  to  or  for 
any  voter,  or  to  or  for  any  other  person  in  order  to  induce 
such  voter  to  vote  or  refrain  from  voting,  or  shall  corruptly 
do  any  such  act  as  aforesaid,  on  account  of  any  voter  having 
voted  or  refrained  from  voting  for  any  person,  candidate  or 
ticket,  at  any  such  election ; 

Third,  Every  person  who  shall,  directly  or  indirectly,  by  xheempiov- 
himself  or  by  any  other  person  on  his  behalf,  make  any  gift,  to^V^p"  '^" 
loan,  offer,  promise,  procurement,  or  agreement,  as  aforesaid,  voters. 
to  or  for  any  person,  in  order  to  induce  such  person  to  pro- 
cure or  endeavor  to  procure  the  election  of  any  person  to 
any  public  office  in  this  state,  or  the  vote  of  any  voter  at  any 
such  election ; 

Fourth,  Every  person  who  shall  upon,  or  in  consequence  of  who  shall  re- 
any  such  gift,  loan,  offer,  promise,  procurement,   or  agree- ^'"^'^^' ''*'"' 
ment,  procure  or  engage,  promi.se  or  endeavor  to  procure  the 
election  of  any  pei*son  or  persons  to  any  public  office  or  offices 
in  this  state,  or  the  A"ote  of  any  voter  at  any  such  election ; 

Fifth,  Every  person  who  shall  advance,  or  pay,  or  cause  to  who  .shall  ad- 
he  paid  any  money  to,  or  to  the  use  of,  any  other  person,  LTbdhlJ^y  o^ 
with  the  intent  that  such  money  or  any  part  thereof  shall  be  »  ™ter. 
expended  in  bribery  at  any  such  election,  or  who  shall  know- 
ingly pay  or  cause  to  be  paid  any  money  to  any  person  in  • 
discharge  or  repayment  of  any  money,  wholly  or  in  part,  ex- 
pended in  bribery  at  any  such  election. 

(SOO)     §  11448.     Skc.  2.     Any  person  offending,  according  penalty  for 
to  the  pro\isions  of  the  preceding  .section,  shall  be  deemed  cemnK"lc'^'^^" 
guiltv  of  a  misdemeanor,  and  on  conviction  thereof  shall  be  ''""s- 
punished  by  a  fine  of  two  hundred  dollars;  but  the  bona  fide 
payment  by  any  candidate  for  office  or  other  person  for  the 
fair  and  reasonable  cost  of  printing  tickets  and  .slips  or  past-  Legitimate 
crs,  and  of  advertising  in  the  newspapers  or  by  posters  any  p^s^"  *"' 
political  meeting,  and  the  reasonable  and  bona  fide  expenses 
of  holding  such  meetings  and  procuring  speakers,  and  getting 
out  tlie  people  to  the  same,  of  obtaining  and  distributing 
papers  and  tickets  and  of  bringing  voters  out  to  the  polls; 
shall  be  licld  to  be  expenses  lawfully  incurred,  and  the  pay- 
ment thereof  shall  not  be  a  contravention  of  this  act. 
17 


130 


STATE   OF   MICHIGAN. 


Others 

deemed  guilty 
of  bribery. 


Person  wlio 
offers  to  vote 
or  refrain  from 
voting  for 
money,  etc. 


Person  who 
after  election 
receives 
money,  etc. 


When  candi- 
dates shall 
not  provide 
refreshments. 


Penalty. 


■When  others 
shall  not  pro- 
vide refresh- 
ments. 


Intimidation 
of  voter. 


Penalty. 


(391)  §  11449.  Sec.  3.  The  followiug  persons  shall  also 
be  deemed  guilty  of  bribei'^-  and  on  conviction  thereof  shall 
be  punished  as  prescribed  in  the  preceding  section : 

First,  Every  voter  who  shall,  before  or  during  any  election, 
directly  or  indirectly,  by  himself  or  by  any  other  person  on 
his  behalf,  ask,  solicit,  receive,  agree  or  contract  for  any 
money,  gift,  loan  or  valuable  consideration,  oflice,  place,  or 
employment  for  himself  or  any  other  person,  for  voting  or 
agreeing  to  vote,  or  for  refraining  or  agreeing  to  refrain  from 
voting  for  any  person,  candidate,  or  ticket  at  any  public  elec- 
tion in  this  state; 

Second,  Every  person  who  shall  after  any  election,  directly 
or  indirectly,  by  himself  or  by  any  other  person  on  his  behalf, 
receive  any  money  or  valuable  consideration  on  account  of 
any  pereon  having  voted  or  refrained  from  voting,  or  having 
induced  any  other  person  to  vote  or  to  refrain  from  voting 
for  anv  person,  candidate,  or  ticket  at  any  such  election. 

(392)  §  11450.  Sec.  4.  No  candidate  for  any  public  of- 
fice shall  corruptly,  by  himself,  or  by  or  with  any  person,  or 
by  any  other  way  or  means  on  his  behalf,  at  any  time,  either 
before  or  during  an  election,  directly  or  indirectly  give  or 
provide,  or  cause  to  be  given  or  provided,  or  shall  be  acces- 
sory to  the  giving  or  providing,  or  shall  pay  wholly  or  in 
part  any  expenses  incurred  for  any  meat,  drink,  refreshment, 
or  provision  to  or  for  any  person,  in  order  to  be  elected  or 
for  being  elected,  or  for  the  purpose  of  corruptly  influencing 
such  person  or  any  other  person  to  give  or  refrain  fi-om  giv- 
ing his  vote  at  such  election ;  and  every  person  so  offending 
shall  be  deemed  guilty  of  corrupt  practice,  and  on  conviction 
thereof  shall  be  fined  not  less  than  twenty-five  or  more  than 
two  hundred  dollars. 

(393)  §  11451.  Sec.  5.  The  giving  or  causing  to  be 
given  to  any  voter  on  any  election  day.  on  account  of  such 
voter  being  about  to  vote,  or  having  voted,  any  meat,  drink,  or 
refreshment,  or  any  money  or  ticket  to  enable  such  voter  to 
procure  refreshment,  shall  be  deemed  a  corriipt  practice,  and 
persons  convicted  thereof  shall  be  punished  as  provided  in 
the  preceding  section. 

(394)  §  11452.  Sec.  6.  Any  person  who  shall  directly  or 
indirectly  discharge  or  threaten  to  discharge  any  person  who 
may  be  in  his  employ  for  the  purpose  of  influencing  his  vote 
at  any  election  in  this  state,  and  any  priest,  pastor,  curate 
or  other  officer  of  any  religious  association  or  society,  who 
shall  impose  or  threaten  to  impose  any  penalty  of  excom- 
munication, dismissal  or  expulsion,  or  who  shall  command 
or  advise,  under  pain  of  religious  disapproval,  for  the  pur- 
pose of  influencing  any  voter  at  an  election  in  this  state,  shall 
be  deemed  guilty  of  corrupt  practice,  and  on  conviction  there- 
of shall  be  punished  as  provided  for  in  section  four  of  this 
act. 


LAWS    RELATING    TO    ELECTIONS.  131 

(395)  §  11453.     Sec.  7.     If  any  candidate  for  any  public  Election  of 
office  at  any  election  in  this  state  shall  commit  bribery,  or  commus*' 
any  corriii)t  practice,  as  defined  in  Ihis  act.   (he  election  of  tr't""?  voifi. 
such  candidate,  it  he  lias  been  elected,  shall  be  void,  and  if 

he  shall  enter  into  the  office  for  which  he  was  elected,  an  in- 
formation in  the  natnj'e  of  a  qno  warranto  to  onst  him  from 
such  office,  may  be  filed  in  the  sujireme  court,  or  the  jjroper 
circuit  court,  under  chapter  two  hundred  and  twenty-five  of 
the  coni])iled  laws  of  eighteen  hundred  and  seventy-one :  Pro-  Proviso, 
vided.  Such  bribery  or  corrupt  practice  shall  be  proved  by  at 
least  two  witnesses. 

Chap.   225   referred    to  is    Ch.ap.    275,    C.    L.    1S97. 

(396)  §  11454.     Sec.  8.     Anv  person  who  shall,  directlv  Attempt  to 

.,.  ,        ,        ,.  ,„  ,"  ,  ,.,'    corrupt  vote 

or  indirectly,  by  himself,  or  by  any  other  person  on  his  be-  of  legislator 
half,  offer  or  promise  any  office,  place  or  employment  under  senator^ 
the  government  of  the  United  States,  or  promise  to  procure, 
or  to  endeavor  to  procure  any  such  office,  place  oT  employ- 
ment, to  or  for  any  member  of  the  legislature,  or  to  or  for  any 
other  person,  in  order  to  induce  such  member  of  the  legisla- 
ture to  vote  or  refrain  from  voting  for  any  person  for  the  office 
of  United  States  senator  from  this  state,  or  shall  corruptly 
do  any  such  act  as  aforesaid,  on  account  of  any  member  of 
tlie  legislature  having  voted  or  refrained  from  voting  as  afore- 
said, shall  be  deemed  guilty  of  a  felony,  and  on  conviction  Penalty, 
thereof  shall  be  punished  by  imprisonment  in  the  state  prison 
for  a  period  not  exceeding  five  years,  or  by  a  fine  net  exceed- 
ing one  thousand  dollars. 

(397)  §  11455.     Sec  9.     It  shall  be  unlawful  for  any  per-  spirituous 
son   to  sell,  barter,  or  give  away  any  spirituous,  vinous  or  oU^'iectlon  "'' 
malt  liquors,  on  the  day  of  atfy  election  held  within  this  state,  f,gj;- '^™^'''" 
under  the  constitution  or  laws  thereof;  and  it  shall  be  the 

duty  of  all  mayors  of  cities,  iircsidents  of  villages,  and  super- 
visors of  townships,  within  ?5ve  days  previous  to  the  days  of 
election  as  aforesaid,  to  issue  a  jiroclamation,  warning  the  in- 
habitants of  the  provisions  of  this  act,  and  tliat  all  violations 
of  the  same  will  subject  the  offender  to  prompt  and  speedy 
punishment,  and  requiring  sheriffs,  marshals,  constables,  and 
police  officers  to  close,  and  it  shall  be  the  duty  of  such  officers 
to  close  all  houses  or  places  found  violating  tlie  provisions 
of  this  act,  and  to  report  forthwith  all  violations  of  .this  act, 
to  the  prosecuting  attorney  and  mayor,  jiresident  or  super- 
visors aforesaid,  and  whose  duty  it  shall  be  to  immediately 
prosecute  such  violations  of  this  act.  Any  person  wlio  shall  Penait.v  or 
violate  any  of  the  provisions  of  this  section,  .shall  be  deemed  °°■'^•'■ 
guilty  of  a  misdemeanor,  and  upon  conviction  thereof,  shall 
be  punished  by  a  fine  of  not  less  than  twenty-five  dollars,  nor 
more  than  one  hundred  dollars,  and  costs  of  prosecution,  and 
on  failure  to  pay  such  fine  and  costs,  shall  be  imjirisoned  in 
the  coun-ty  jail  not  less  than  ten  days,  nor  more  than  ninety 
days,  or  both  such  fine  and  imprisonment,  in  tha  discretion 
of  the  court. 


132 


STATE   OF   MICHIGAN. 


uniawfuito  (398)     §  11406.     Sec.  10.     It  shall  be  deemed  a  violation 

Irter'pons        of  this  act  and  of  the  preceding  section  to  sell,  barter,  or 
'^'°°®-  liWe  away  spiritnons,  vinons  or  malt  liquors  on  any  election 

day  after  the  hour  at  which,  by  hnv,  the  jiolls  arc  closed. 


PROTECTION  OF  PRIMARIES  AND  CONVENTIONS. 

An    Act    to    protect    primary   elections    and    conventions    of    political 
parties  and  to  punish  offenses  committed  thereat. 

[Act    303,    p.    A.   18S7.] 


Certain 
actions  a  mis- 
demeanor. 


Oatli  of  in- 
spector-g,  etc., 
who  to  ad- 
minister. 


Challenge  ol 
voters. 


Who  to  ad- 
minister  oath. 


When  vote  to 
be  received . 


Penalty  for 
lalae  swear- 
ns- 


The  People  of  the  State  of  Michigan  enact: 

(399)  §  114.57.  Section  1.  If  at  any  political  primary 
election  held  by  any  political  party,  organization  or  associa- 
tion in  this  state,  any  person  shall  falsely  personate  and  vote 
under  the  name  of  any  other  person,  or  shall  intentionally 
vote  without  the  right  to  do  so  at  such  primary,  or  shall 
fraudulently  and  wrongfully  conceal  or  destroy  ballots  cast, 
or  in  any  manner  intentionally  and  wrongfully  deposit  bal- 
lots in  the  ballot  box,  or  take  them  therefrom,  or  shall  com- 
mit any  other  fraud  or  wrong,  tending  to  defeat  or  affect  the 
result  of  the  election,  he  shall  be  deemed  guilty  of  a  misde- 
meanor. 

(400)  §114.58.  Sec.  2.  The  presiding  officer  and  inspect- 
ors at  any  such  election  shall,  before  entering  upon  their 
duties,  severally  sign  and  swear  to  an  oath  in  the  form  now 
required  of  inspectors  at  general  elections,  said  oath  to  be 
taken  before  the  clerk  of  the  township,  village  or  city  in 
which  such  election  is  held,  or  an  alderman  of  the  ward  in 
wiiich  said  election  is  held,  or  any  notary  public,  or  any  other 
lierson  qualified  under  the  state  to  administer  an  oath.  The 
vote  or  ballot  of  any  ])erson  offered  at  such  election  shall, 
upon  challenge  by  any  lawful  voter  thereat,  be  rejected,  un- 
less he  be  sworn  as  to  his  qualifications  as  such  voter;  and 
the  presiding  officer  or  any  inspector  of  such  primary  is  here- 
by empowered,  and  it  shall  be  his  duty,  to  administer  an  oath 
to  such  person  and  to  any  other  persons  offering  to  vote,  as 
he  may  deem  advisable,  to  the  effect  that  he  will  true  answers 
make  to  such  questions  as  shall  be  put  to  him  touch- 
ing his  qualifications  as  a  voter  and  his  right  to  vote.  He 
may  then  be  examined  as  to  .such  qualifications  and  right  to 
vote.  If  he  shall  swear  to  the  necessary  qualifications  of  a 
voter,  as  prescribed  by  the  regulations  of  the  association  or 
political  organization  holding  the  primary  or  convention,  his 
vote  shall  be  received.  If  the  person  so  .sworn  and  examined 
shall  intentionally  swear  falsely  as  to  his  qualifications  as  a 
voter  he  shall  be  deemed  guilty  of  perjury,  and  shall  on  con- 


LAWS    RELATING    TO    ELECTIONS.  133 


viction,  be  punished  as  now  prescribed  by  law  for  the  crime 
of  perjury. 

Am.    1R99,  Act  198. 

(401)  ?  11459.     Sec.    3.     If    any    person    acting    as    in-  Certain  acts 

,  .    .■  J  1  ■  1      i-         «i  «ii  of  inspectors, 

spector,  teller  or  canyasser  at  any  such  primary  election  shall  etc.,  amis- 
knowingly  receiye  the  yote  of  any  iiidiyidnal  \vho  shall  have  demeanor. 
been  chailenoed,  or  \vlio  is  known  to  him  not  to  be  entitled 
by  the  regulations  of  the  association  holding  the  primary  elec- 
tion to  vote  at  such  primary,  unless  the  same  shall  be  first 
sworn  in  as  aforesaid,  or  shall  in  any  manner  fraudulently 
and  wrongfully  deposit  or  put  any  ballots  into,  or  take  any 
from  the  ballot  box  of  said  primary  election,  or  shall  fraudu- 
lently and  wrongfully  mix  any  ballots  with  those  cast  at  said 
primary  election,  or  shall  knowingly  make  any  false  count, 
canvass,  statement,  certificate  or  return  of  the  ballots  cast 
or  vote  taken  at  any  such  primary  election  he  shall  be  deemed 
guilty  of  a  misdemeanor. 

.\fter  several  ineffectual  attempts  to  elect  a  temporary  chairman  of  a  nom- 
inating convention,  a  lil^e  number  of  votes  Ijeing  cast  for  eacli  of  the  opposing 
candidates,  the  vote  of  one  ot  tlie  delegates  was  challenged  on  the  ground 
that  the  vote  in  the  caucus  at  which  he  claimed  to  have  heen  elected  was  a 
tie,  and  that  thereupon  the  matter  was  determined  between  the  contesting 
candidates  as  follows ;  A  bystander  drew  from  his  poclcet  a  handful  _  of 
coins,  and  the  candidates  made  their  choice  of  odd  or  even,  and  a  counting 
of  the  coins  resulted  in  favor  of  the  sitting  delegate.  The  chair  thereupon 
appointed  a  committee  on  eredentials,  who  reported  that  the  sitting  dele- 
g,-ite  was  not  entitled  to  his  seat  in  the  convention.  And  it  is  held  that 
the  appointment  of  such  committee  was  proper  and  that  their  determination 
is    fully    sustained    by   authority. — Beck   v.   Election   Commissioners,    103  /  192. 

(402)  §  114G0.     Sec.  4.     If  any  person  elected  a  delegate  certain  acts 
at  any  such  primary  or  convention  shall   accept  or  receive  misdemeanor. 
any  money  or  valuable  thing  as  a  consideration  for  his  vote 

as  such  delegate  he  shall  be  [deemed]  guilty  of  a  misde- 
meanoi'. 

(403)  §  11401.     Sec.   5.     The   words   "primary  election,"  "Primary 
as  used  in  this  act,  shall  be  construed  so  as  to  embrace  all  how'""'  ' 
elections  held  by  any  political  party,  convention,  organization  construed. 
or   associalion,   or   delegates   therefrom,  for  the  purpose  of 
choosing  candidates  for  ofiice  or  the  election  of  delegates  to 

other  convciUions,  or  for  the  purpose  of  electing  officers  of  any 
political   party,  organization,  convention  or  association. 

(404)  S  114G2.     Sec.   C.     No   person   shall    be  entitled   to  who  may 
vote  at  any  ])riinary  election  unless  of  the  age  of  twenty-one  ^'''''' 
years  and  a  duly  qualified  elector  of  the  state. 

(405)  §  114(53.    Sec.  7.    The  punishment  of  any  of  the  of-  Punishment 
fenses  in  this  act  declared  to  be  misdemeanors  shall  be  a  fine 

nt)t  exceeding  one  thousand  dollars,  or  imiirisonment  not  ex- 
ceeding one  year,  or  both  such  fine  and  imprisonment,  in  the 
discretion  of  the  court. 

(400)     §  114(!4.     Sec.    8.     No    primary    election    shall    be  Primary  eiec- 
held  in  a  saloon,  barroom,  or  in  any  place  adjacent  to  a  room  heidln'safoon, 
or  place  where  intoxicating  liquors  are  sold.    Polling  places  •^"' 
at  primary  elections  may  be  so  arranged  that  the  ballots  may 


134 


STATE   OP    MICHIGAN. 


Caucuses, 
time. 


Notice  of. 


be  received  through  an  open  window,  but  where  the  polling 
or  ballot  box  is  inside  the  room  shall  be  sufiflciently  large  to 
admit  a  rea.sonable  number  of  persons  in  addition  to  the  in- 
sjiectors,  clerks  and  challengers. 

(407)  §  114C5.  Sec.  9.  Primary  elections  known  as  cau- 
cuses for  the  nomination  of  candidates  for  local  ofiSces  and 
for  the  appointment  of  delegates  to  conventions,  shall  be 
made  to  begin  at  two  o'clock  in  the  afternoon  and  to  continue 
until  eight  o'clock  in  the  evening,  and  at  least  five  days'  no- 
tice thereof  shall  be  given  by  publication  in  one  or  more 
daily  newspapers  in  places  where  such  papers  are  published, 
and  in  other  cases  by  jjosting  up  notices  in  at  least  three  pub- 
lic places  in  the  precinct  for  which  the  primary  election  is  to 
be  held.  The  manner  of  voting  at  such  elections  shall  be  by 
ballot:  Provided,  That  so  much  of  this  section  as  relates  to 
1he  hours  during  which  primary  elections  shall  be  held,  and 
tlie  manner  of  voting  thereat,  shall  be  applicable  only  in  cities 
having  twenty-flve  thousand  inhabitants  and  over,  as  by  the 
last  preceding  federal  or  state  census. 


Proviso. 


PURITY  OF  CONVENTIONS. 

An  Act  to  provide  for  the  purity  of  political  conventions  and  to  pro- 
vide against  corruption  therein. 

[Act  203,    p.    A.   1895.] 


Delegates  to 
state  political 
conventioQ, 
etc.,  not  to 
give  a  proxy. 


Vacancies  in 
delegation, 
how  filled. 


Proviso, 
.llling  dele- 
gations. 


The  People  of  the  State  of  Michigan  enact: 

(408)  §  11466.  Section  1.  That  no  delegate  elected  to 
any  city,  county,  congressional  or  state  political  convention 
shall  give  a  proxy  to  any  person  to  represent  him  at  such  con- 
vention, and  no  person  shall  receive  a  proxy  from  any  regu- 
larly elected  delegate  to  any  such  political  convention.  All 
vacancies  occurring  in  any  delegation  to  any  such  convention 
.shall  be  filled  by  a  majority  vote  of  such  delegation;  if  in 
a  city  or  county  convention,  of  the  delegation  from  the  ward 
or  township ;  if  in  a  congressional  or  state  convention,  by  a 
majority'  vote  of  the  delegation  from  the  county:  Provided, 
That  in  a  city  or  county  convention  the  delegation  shall  not 
be  permitted  to  till  the  vacancy  which  may  occur  in  its  num- 
ber by  any  person  not  a  resident  of  the  ward  or  township 
from  which  such  absent  delegate  was  chosen  and  represented 
by  such  delegation,  and  that  in  a  congressional  or  state  con- 
vention such  delegation  shall  not  be  filled  by  any  i>erson  not  a 
resident  of  the  county  from  which  such  absent  delegate  was 
chosen,  and  any  person  who  shall  violate  any  provisions  of 
this  section  shall  be  deemed  guilty  of  a  misdemeanor. 


LAWS   RELATING    TO    ELECTIONS.  135 

(409)  §  114G7.     Sec.  2.     Any  delegate  or  member  of  any  soliciting  or 
such  convention  who  shall  solicit  any  candidate  for  nomina-  ^™d,''etc^.'i).v 
tion  before  such    convention,    for    money,    reward,    position,  JJ^"^^^[j°j,  .^ 
place  or  preferment  for  his  support  in  such  convention,  or  niisdemeano"i. 
any  candidate  or  other  person  who  shall  promise  any  such 
delegate  money,  reward,  position,  place  or  preferment  for  his 
support,  or  vote,  in  such  convention,  in  favor  of  any  candi- 
date, shall  be  deemed  guilty  of  a  misdemeanor. 

(410)  §  114GS.     Sec.  3.     Any  candidate    or    person    who  otiier  misde- 
shall  pay  either  money  or  other  valuable  consideration,  or  '"^*''°"- 
offer  to  pay  money  or  valuable  consideration,  or  the  expenses 

of  any  delegate  or  member  to  or  at  any  such  convention  that 
may  be  incurred,  as  an  inducement  or  for  the  purpose  of  se- 
curing the  vote  of  any  such  delegate  in  favor  of  or  against 
any  candidate  that  may  come  before  such  a  convention,  shall 
be  deemed  guilty   of  a  misdemeanor. 

(411)  §  11469.     Sec.  4.     Any  person  found  guilty  of  any  Penalty  for 
offense  defined  in  this  act  as  a  misdemeanor  shall,  upon  con-  ^"''''"°"- 
viction  thereof,  be  sentenced  to  pay  a  fine  of  not  less  than 
twenty-five  dollars  nor  more  than  five  hundred  dollars,  or  to 

be  confined  in  the  county  jail  not  less  than  ten  days  nor  more 
than  six  months,  or  both  such  fine  and  imprisonment  in  the 
discretion   of   the   court   having  jurisdiction   thereof. 


LIMITATION     OF     NOMINATION    AND    ELECTION    EXPENSES. 

An  Act  to  regulate  and  limit  nomination  and  election  expenses;  to 
define  and  prevent  corrupt  and  illegal  practices  in  nominations 
and  elections;  to  secure  and  protect  the  purity  of  the  ballot,  and 
to  require  accounts  oi;  nomination  and  election  expenses  to  be  filed, 
and   providing  penalties  for  the  violation  of  this  act. 

[Act   109,   P.    A.    1013.] 

Tlie  People  of  the  State  of  Michigan  enact: 

(412)  Section  1.  No  sums  of  money  shall  be  paid,  and  no  ex-  Election,  etc.. 
pcuscs  authorized  or  incurred  by  or  on  behalf  of  any  candi-  cand^jates! 
date  to  be  paid  by  him  in  order  to  secure  or  aid  in  securing  i'™i'- 
his  nomination  to  any  public  office  or  position  in  this  state, 
in  excess  of  twenty-five  per  cent  of  one  year's  compensation 
or  salary  of  the  office  for  which  he  is  candidate:     Trovided,  Proviso. 
That  a  sum  not  exceeding  fifty  per  cent  of  one  year's  salary  fiemenant*'"' 
may  be  expended  by  the  candidates  for  governor  and   lieu-  governor. 
tenant  governor;  or  where  the  office  is  that  of  member  of 
either  branch  of  the  legislature  of  the  state,  the  twenty-five 
per  cent  shall  be  computed  on  the  salary  fixed  for  the  term 
of  two  years :    Provided  further,  That  no  candidate  shall  be  Further 
restricted  to  less  than  one  hundred  dollars  in  his  campaign  p™visn. 


136 


STATE   OP   MICHIGAN. 


Proviso. 


Treasurer,  ap- 
pointment, 
duty,  etc. 


Expenditures, 
what  deemed 
lawful. 


for  such  nomination.  No  sums  of  money  shall  be  paid  and 
no  expense  authorized  or  incurred  by  or  on  behalf  of  any 
candidate  who  lias  received  the  nomination  to  any  public 
office  or  position  in  this  state,  in  excess  of  twenty-five  per 
cent  of  one  year's  salary  or  compensation  of  the  office  for 
which  he  is  nominated;  or  where  the  office  is  that  of  member 
of  either  branch  of  the  legislature  of  the  state,  the  twenty- 
five  per  cent  shall  be  computed  on  the  salary  fixed  for  the 
term  of  two  years:  Provided,  That  no  candidate  shall  be 
restricted  to  less  than  one  hundred  dollars.  No  sum  of  money 
■shall  be  paid  and  no  expenses  authorized  or  incuri-ed  by  or 
on  behalf  of  any  candidate  contrary  to  the  provisions  of  this 
act. 

(413)  Sec.  2.  Every  political  committee  shall  appoint  a  treas- 
urer who  shall  receive,  keep  and  disburse  all  sums  of  money 
which  may  be  collected  or  received  by  such  committee  or  by 
any  of  its  members  for  election  expenses ;  and  unless  such 
treasurer  is  first  appointed  it  shall  be  unlawful  for  a  political 
committee  or  any  of  its  members  to  collect,  receive  or  dis- 
burse money  for  any  such  purpose. 

(414)  Sec.  3.  iSo  candidate  and  no  treasurer  of  any  po- 
litical committee  shall  pay,  give  or  lend,  or  agree  to  pay, 
give  or  lend,  either  directly  or  indirectly,  any  money  or  other 
valuable  thing  for  any  nomination  or  election  expenses  what- 
ever, except  for  the  following  purposes: 

First,  For  traveling  expenses  and  personal  expenses  inci- 
dent thereto,  for  printing,  stationery,  advertising,  postage, 
expressage,  freight,  telegraph,  telephone  and  public  messenger 
services ; 

Second,  For  dissemination  of  printed  information  to  the 
public ; 

Third,  For  political  meetings,  demonstrations  and  conven- 
tions; 

Fourth,  For  the  rent,  maintenance  and  furnishing  of  of- 
fices; 

Fifth,  For  the  payment  of  clerks,  typewriters,  stenograph- 
ers, janitors,  and  messengers  actually  employed; 

Sixth,  For  the  employment  of  challengers  at  primaries  and 
elections,  to  the  number  allowed  by  law  as  such ; 

Seventh,  For  the  payment  of  public  speakers  and  musicians 
at  public  meetings,  and  their  necessary  traveling  expenses; 

Eighth,  For  copying  and  classifying  of  election  registers 
or  poll  lists  and  investigating  the  right  to  vote  of  the  pei'sons 
listed  or  registered  therein,  and  conducting  proceedings  to 
purge  the  registers  and  lists,  and  prevent  improper  or  unlaw- 
Inl  registration  or  voting; 

Ninth,  For  making  canvas.ses  of  voters ; 

Tenth,  For  conveying  infirm  or  disabled  voters  to  and  from 
the  polls; 

Eleventh,  For  employing  as  counsel,  attorneys  licensed  to 


LAWS    RELATING   TO    ELECTIONS.  137 

practice  in  accordance  with  the  laws  of  the  state,  and  for 
the  necessary  expenses  of  such  counsel. 

None  of  the  provisions  of  this  act  shall  be  construed  as 
relating  to  the  renderinj^  of  services  by  speakers,  writers, 
publishers,  or  others,  for  which  no  compensation  is  asked  or 
given. 

(41.5)  Sec.  4.  Every  candidate  and  every  treasurer  of  a  canriiiiate  and 
political  committee  shall,  within  ten  days  after  any  primary  me^account, 
election,  caucus  or  convention  and  again  within  twenty  days  ^*'^- 
after  any  general  election,  whether  state,  county,  city, 
municipal,  township  or  district  election,  in  or  concerning 
which  he  shall  have  received  or  disbursed  any  money,  prepare 
and  file  in  the  office  of  the  county  clerk  of  the  county  in  which 
such  candidate  or  treasurer  resides,  a  full,  true  and  detailed 
account  and  statement  subscribed  and  sworn  to  by  him 
before  an  officer  authorized  to  administer  oaths,  setting  forth 
each  and  every  sum  of  money  received  or  disbursed  by  him 
for  nomination  or  election  expenses,  the  date  of  each  receipt, 
the  name  of  the  person  from  whom  received  or  to  whom  paid, 
and  the  person  to  whom  and  object  or  purpose  for  which  dis- 
bursed. Such  statements  shall  also  set  forth  the  unpaid  wiiat  to  set 
debts  and  obligations,  if  any,  of  such  candidate  or  committee, 
incurred  for  the  purposes  set  forth  in  section  three  of  this 
act,  with  tlie  nature  and  amount  of  each,  and  to  whom  owing, 
in  detail,  and  if  there  are  no  such  unpaid  debts  or  obliga- 
tions of  such  candidate  or  committee,  such  statement  shall 
state  such  fact. 

(416)  Sec.  5.    It  shall  be  unlawful  to  administer  the  oath  Account  lued 
of  office  or  to  issue  a  commission  or  certificate  of  nomination  ad  minis  tiered, 
or  election  to  any  person  nominated  or  elected  to  any  public  ^"^' 
office  until  he  has  filed  an  accoimt  as  required  by  this  act, 

which  account  sliall  upon  its  face  be  complete  and  show  a 
lawful  compliance  with  this  act,  and  no  such  person  shall 
enter  upon  the  duties  of  his  office  until  he  has  filed  such  ac- 
count, nor  shall  he  receive  any  salary  or  fees  for  any  period 
prior  to  the  filing  of  the  same. 

(417)  Sec.  fi.     All  such  accounts  sliall  be  open   to  public  Open  to  public 
inspection  in  tlie  olfices  where  they  are  filed  and  shall  be  care-  '"^p'^^"""- 
fully  preserved  there  for  a  period  of  one  year,  and  it  shall  be 

the  duty  of  the  officers  having  custody  of  the  same  to  give 
certified  copies  in  like  manner  as  of  other  jmblic  records. 

(41S)  Sec.  7.  The  several  officers  with  whom  statements  statements, 
are  required  to  be  filed  shall  inspect  all  statements  of  ac-  y;^P<=<'"""' 
counts  and  expenses  relating  to  nominations  and  elections 
filed  with  them  within  ten  days  after  the  same  are  filed;  and 
if  upon  examination  of  the  official  ballot  it  appears  that  any 
person  has  failed  to  file  a  statement  as  required  by  law,  or  if 
it  appears  to  any  sucli  officer  that  the  statement  filed  with 
him  does  not  conform  to  law,  or  upon  complaint  in  writing 
by  a  candidate  or  bv  a  voter  that  a  statement  filed  does  not 


138 


STATE   OF   MICHIGAN. 


Failure  to  flle, 
etc. 


Witness,  wlien 
not  excused. 


couform  to  law  or  to  the  truth,  or  that  any  per.son  has  failed 
to  file  a  statement  which  he  is  by  law  required  to  flle,  said 
officer  shall  forthwith  in  writing  notify  the  delinquent  per- 
son to  comi>ly  with  this  act. 

(419)  Sec.  8.  Upon  the  failure  of  any  person  to  file  a 
statement  within  ten  days  after  receiving  such  notice,  or  if 
any  statement  filed  discloses  any  violation  of  any  provision 
of  this  act,  the  county  clerk  shall  forthwith  notify  the  prose- 
cuting attorney  of  the  county  where  said  violation  occurred, 
and  shall  furnish  him  with  copies  of  all  papers  relating 
thereto,  and  said  prosecuting  attorney  shall  on  such  com- 
plaint or  the  complaint  of  any  other  person,  forthwith  enter 
the  same  in  a  docket  kept  for  that  purpose  in  his  ofiice,  and 
Avithin  twenty  days  thereafter  examine  every  such  case,  and 
if  the  evidence  seems  to  him  to  be  suflScient  under  the  pro- 
visions of  this  act  he  shall,  in  the  name  of  the  people  of  the 
state,  forthwitli  institute  such  civil  or  criminal  proceedings 
as  may  be  appropriate  to  the  facts. 

(420)  8ec.  f).  No  person  otherwise  competent  as  a  wit- 
ness shall  be  excused  from  answering  any  question,  in  any 
proceedings  under  this  act,  on  the  ground  that  such  answer 
would  tend  to  incriminate  him;  but  no  prosecution  can  after- 
wards be  had  against  such  witness  for  any  such  offense  con- 
cerning which  he  testified  for  the  prosecution  except  in  an 
action  for  perjury  in  giving  such  testimony. 

(421)  Sec.  10.  The  secretai-y  of  state  shall,  at  the  expense 
(if  the  [the]  state,  furnish  to  the  proper  county,  city,  village 
or  town  clerks  blanks  in  a  form  approved  by  the  attorney 
general,  suitable  for  the  statements  hereinbefore  required. 

(422)  Sec.  11.  No  person  who  is  not  a  candidate,  or  the 
treasurer  of  a  political  committee,  shall  pay,  give  or  lend,  or 
agree  to  pay,  give  or  lend,  any  money  whether  contributed 
by  himself  or  by  any  other  i^erson,  for  any  election  expenses 
whatever,  except  to  a  candidate  or  to  a  political  committee. 

(42.3)  Sec.  12.  No  person  shall  make  a  payment  of  his 
own  money  or  of  another  person's  money  to  any  person  in 
connection  with  a  nomination  or  election  in  any  other  name 
than  that  of  the  person  who  in  truth  supplies  such  money ; 
nor  shall  any  person  knowingly  receive  such  payment  or 
enter  or  cause  the  same  to  be  entered  in  his  accounts  or 
records  in  another  name  than  that  of  the  person  by  whom  it 
was  actually  furnished. 

(424)  Sec.  13.  It  shall  be  unlawful  for  any  candidate,  or 
treasurer  of  a  political  committee,  or  person  acting  as  such 
treasurer,  to  disburse  money  received  from  any  anonymous 
source. 

(425)  Sec.  14.  No  officer,  director,  stockholder,  attorney, 
agent  or  any  other  person,  acting  for  any  corporation  or  joint 
stock  company,  whether  incorporated  under  the  laws  of  this 
or  any  other  state  or  any  foreign  country,  except  corpora- 


niauk^,  by 
whom  fur- 
nish*^d. 


C^ontrib'itioris, 
to  whom  pay- 
able. 


Money 
credited  to 
person  fur- 
nishing. 


Anonymous 
contributions. 


Officer,  etc.,  of 
corporation, 
not  to  con- 
tribute. 


LAWS    RELATING    TO    ELECTIONS.  139 


lions  formed  for  i)olitical  purposes,  shall  pay,  yivo  or  leud, 
or  aulliorizo  1o  be  paid,  given  or  lent,  any  money  belonging 
to  such  corporation  to  any  candidate  or  to  any  political  com- 
mittee, for  the  payment  of  any  election  expenses  whatever. 

(42G)      Sec.  15.     It  shall  be  unlawful  for  any  employer,  unlawful  to 

,  ,^  ,.  .J.  ^  " •„  threaten,    etc., 

either  corporation,  association,  company,  firm  or  person,  in  employes. 
paying  the  salary  or  wages  of  any  of  its,  their  or  his  em- 
ployes, to  enclose  their  pay  in  pay  envelopes,  upon  which 
there  is  written  or  printed  any  political  notice,  device  or 
argument,  containing  any  threat,  expressed  or  implied,  in- 
tended or  calculated  to  influence  the  political  opinion,  views 
or  actions  of  such  employes  so  paid.  Nor  shall  it  be  lawful 
for  any  employer,  either  corporation,  association,  company, 
firm  or  person,  within  ninety  days  of  any  election  or  primary 
election  provided  by  law,  to  put  up  or  otherwise  exhibit  in 
its,  their,  or  his  factory,  workshop,  mine,  mill,  boarding 
house,  office  or  other  establishment  or  place  where  its,  their 
or  his  employes  may  be  working  or  be  present  in  the  course 
of  such  employment,  any  hand  bill,  notice  or  placard  con- 
taining any  threat,  notice  or  information  that  in  case  any 
particular  ticket  or  candidate  shall  be  nominated  or  elected, 
work  in  its,  their  or  his  place  or  establishment  will  cease, 
in  whole  or  in  part,  or  its,  their  or  his  establishment  will 
be  closed,  or  the  wages  of  its,  their  or  his  workmen  shall  be 
reduced ;  or  any  other  threats,  expressed  or  implied,  intended 
or  calculated  to  influence  the  political  opinion  or  act  of  its, 
their  or  his  employes. 

(427)  Sec.  16.     No  ])ublisher  of  a    newspaper    or    other  Newspaper  ad- 

vcrtisPiiiGnls 

periodical  shall  insert,  either  in  its  advertising  or  reading  to  be  marked 
columns,  any  paid  matter  which  is  designed  or  tends  to  aid,  p""'- 
injure  or  defeat  any  candidate  or  political  party  or  organiza- 
tion, or  measure  before  the  people,  unless  it  is  stated  therein 
that  it  is  a  paid  advertisement.  No  person  shall  pay  the 
owner,  editor,  publisher  or  agent  of  any  newspaper  or  other 
periodical  to  induce  him  to  editorially  advocate  or  oppose 
any  candidate  for  nomination  or  election,  and  no  such  owner, 
editor,  publisher  or  agent  shall  accept  such  payment. 

(428)  Sec.  17.     If  anv  letter,  circular,  poster,  bill,  publi- False  state- 

•  "^  *  mGnt  etc 

cation  or  placard  shall  contain  any  false  statement  or  charges 
reflecting  on  any  candidate's  character,  morality  or  integrity, 
the  author  thereof  and  every  person  knowingly  assisting  in 
the  circulation  thereof  shall,  upon  conviction  thereof,  be 
subject  to  the  penalties  provided  for  the  violation  of  this  act: 
Provided,  That  this  sliall  in  no  wise  deprive  the  injured  party  Proviso, 
of  anv  other  action  for  libel  given  by  law. 

(429)  Sec.  IS.     Any  i)erson  who  shall   incur  any   illegal  Penalty  fur 
election  expenses,  or  otherwise  violate  any  of  the  i)rovisions  ^'°'''""' 
of  this  act,  shall  ujjou   conviction  thereof  be  jtunished  by  a 

fine  of  not  more  than  one  thousand  dollars,  or  by  imprison- 
ment for  not  more  than  two  years,  either  or  both,  at  the 
discretion  of  the  court. 


140 


STATE    OF    MICHIGAN. 


Terms  defined. 


Proviso. 


Unlawful  to 
demand,  etc., 
contribution, 
etc. 


(430)  Sec.  19.  Terms  used  in  this  act  shall  be  used  as 
follows,  unless  other  meaning  is  clearlj  apparent  from  the 
language  or  context,  or  unless  such  construction  is  inconsist- 
ent with  the  manifest  intent  of  the  law : 

"Candidate"  shall  apply  to  any  person  whose  name  is 
printed  on  an  official  ballot  for  public  office,  or  whose  name 
has  been  presented  for  public  office,  with  his  consent,  for  nom- 
ination or  election ; 

"Political  committee"  or  "committee"  shall  apply  to  every 
combination  of  two  or  more  persons  who  shall  aid  or  pro- 
mote the  success  or  defeat  of  a  candidate,  or  a  political  party 
or  principle  or  measure; 

"Public  office"  shall  apply  to  any  national,  state,  county 
or  city  ward,  village  or  town  office  which  is  filled  by  the 
voters  of  this  state,  as  well  as  to  the  office  of  presidential 
elector  and  United  States  senator; 

"Town"  shall  apply  to  incorpoi-ated  towns  as  well  as  to 
townships. 

(431)  Sec.  20.  All  acts  and  parts  of  acts  inconsistent 
with  the  provisions  of  this  act  are  hereby  repealed:  Pfovid- 
ed,  That  the  repeal  of  such  acts  or  parts  of  acts,  or  any  of 
them,  shall  not  be  construed  to  affect  any  offense  committed, 
or  any  prosecution  or  i)roceeding  instituted  or  pending  under 
the  laws  so  repealed. 

(432)  Sec.  21.  No  person  or  organization  shall  ask,  de- 
maud  or  request  of  or  from  any  candidate  for  any  public 
office  subsequent  to  any  public  announcement  of  the  candi- 
dacy for  any  nomination  for  such  office,  any  donation,  gift  or 
contribution,  purchase  of  tickets,  or  similar  demands.  This 
section  shall  be  held  to  extend  to  include  religious,  charitable, 
or  social  organizations  or  any  person  working  in  their  be- 
half. 


DISTURBANCES. 


Exciting  dis- 
turbances, 
unlawful. 


Penalty. 


[Extract  from   R.    S.   1846,   Chap.   158.] 

(433)  §  11709.  Sec.  20.  If  any  person  shall  make  or  ex- 
cite any  disturbance  or  contention  in  any  tavern,  store  or 
grocer^-,  manufacturing  establishment,  or  any  other  business 
place  or  in  any  street,  lane,  alley,  highway,  public  building, 
grounds  or  park,  or  at  any  election  or  other  public  meeting 
where  citizens  are  peaceably  and  lawfully  assembled,  he 
.shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction 
before  any  justice  of  the  peace  or  police  justice,  be  punished 
by  a  fine  not  exceeding  twenty-five  dollars  and  costs  of  prose- 
cution, or  by  imprisonment  in  the  county  jail  not  more  than 
ninety  days,  or  by  both  such  fine  and  imprisonment  in  the 
discretion  of  the  court  or  magistrate. 

Am.    1909,    Act   211. 
Ware  V.   Judge,   75  /  495. 


LAWS   RELATING    TO    ELECTIONS.  141 


CLOSING  OF  SALOONS. 

[Extract   from    Act    313,    r.    A.    1SS7.] 

(434)     §  5395.     Sec.  17.    All  saloons,  restaurants,  bars  in  saloons,  rios- 
taverns    or   elsewhere,    and   all    other    places,     except     drug '"^  °'' **''■ 
stores,  where  an}-  of  the  liquors  mentioned  in  this  act  are 
sold  or  kept  for  sale,  either  at  wholesale  or  retail,  shall  be 
closed  on  the  first  day  of  the  week,  commonly  called  Sun- 
day, on  all  general  or  any  regular  city,  township  or  village 
election  days,  on  Decoration  day.  Thanksgiving  day,  Labor 
day,  Christmas  day,  New  Year's  day.  Fourth  of  July,  and  on 
general  or  local  primary  election  days  until  after  the  close  Time. 
of  the  polls,  and  until  seven  o'clock  of  the  following  nioraing, 
and  on  each  week  day  night  from  and  after  the  hour  of  nine 
o'clock,  until  seven  o'clock  of  the  morning  of  the  succeeding 
day.   It  shall  be  the  duty  of  sheriffs,  marshals,  constables  and 
police  officers  to  close  all  saloons,  houses  or  places  that  shall 
be  found  open  in  violation  of  ihe  ])rovisions  of  this  section,  and 
to   report   forthwith   all   such   violations   to   the   prosecuting 
attorney,  whose  duty  it  shall  l>e  to  immediately  prosecute  for 
such  violations.     The  word  "closed"  in  this  section  shall  be  "Closed." 
construed  to  apply  to  the  back   door  or  other  entrance,  as  ''®^"'"'- 
well  as  to  the  front  door;  and  in  prosecutions  under  this 
section   it  shall  not  be  necessary  to  prove  that  any  liquor 
was  sold:     Provided,  That  in  all  cities,  incorporated  villages  Proviso, 
and  townships  of  not  less  than  one  thousand  population,  ex- 
clusive of  villages  where  there  is  police  protection,  the  com- 
mon council,  or  board  of  trustees,  or  council,   or  township 
board,  may  by  ordinance  allow  the  saloons  and  other  places 
where  said  liquor  shall  be  sold  to  open  at  six  o'clock  in  the 
forenoon  and  to  remain  open  not  later  than  eleven  o'clock 
in  the  afteraoon  and  no  longer  of  any  week  day  night,  except 
on  general  or  any  regular  city,  township  or  village  election 
days.  Decoration  day.  Thanksgiving  day,  Labor  day,  Christ- 
mas day.  New  Year's  day,  Tourtli  of  July,  and  on  general  or 
local  primary  election  days  until  after  the  close  of  the  polls: 
Provided,  That  in   cities   of  forty  thousand   population  and  proviiio,  may 
over,  the  council  may  by  ordinance  extend  the  closing  hour  *''"'"'""""'■ 
to  twelve  o'clock  midnight.     Any  person  found  in  the  act  of  violations, 
violating  any  of  the  provisions  of  this  section  shall  be  deemed 
guilty  of  a  breach  of  the  peace  and  pHuished  accordingly; 
and  the  arrest  therefor  may  be  without  process.     All  officers 
authorized  to  make  arrests  for  a  breach  of  the  peace  shall 
have  like  power  to  make  arrests  under  the  provisions  of  this 
section  as  in  other  cases  of  a  breach  of  the  peace. 

Am.   190{>,   Act   291 ;    1911,   Act  170. 

SHALL  BE  CLOSED :  The  meanlnp;  of  the  term  "closed"  Is,  that  the 
sales  at  least  shall  be  entirely  stopped  and  the  traffic  shut  off  effectually, 
so  that  drinking  and  the  conveniences  for  drinking  shall  be  no  longer  ac- 
cessible, and   those  who  frequent  saloons  for  that  purpose   shall   be  dispersed. 


142 


STATE   OP    MICHIGAN. 


— Kurtz  V.  People,  33  /  281.  The  person  who  engages  In  the  business  of 
carrying  on  a  saloon  must  at  his  peril  see  that  no  necessity  exists  for  keep- 
ing the  same  open,  by  carrying  on  any  other  business  therein,  which  would 
require  the  doors  to  be  open,  or  for  persons  to  enter  therein. — People  v. 
Waldvogel,  49  /  338  ;  People  v.  Blake,  B2  /  56S  ;  People  v.  Roby,  52  /  577  ; 
People  V.  Minter,  59  /  558.  A  saloon  cannot  be  opened  on  such  a  day  even 
for  the  purpose  of  cleaning  it. — People  v.  Waldvogel,  49  /  337  ;  People  v. 
Roby,  52/577;  People  v.  Higgins,  56/163.  And  if  any  outsider  has  access 
for  any  purpose,  for  no  matter  how  short  a  time,  the  law  is  violated. — 
People  V.  Higgins,  56/159.  A  saloon  is  not  closed,  so  long  as  it  is  pos- 
sible for  persons  desiring  liquor  to  got  in  peaceably,  by  any  entrance,  or  so 
long  as  any  customer  who  is  inside  at  the  time  for  closing  remains  in- 
side ;  and  it  is  not  important  that  there  is  no  one  attending  the  bar,  if 
the  liquor  is  accessible. — People  v.  Cummerford,  58  /  328.  In  a  city  which 
has  adopted  the  primary  election  system  and  nominates  candidates  for  local 
offices  on  a  fixed  day,  it  is  a  violation  of  this  section  to  keep  saloons  open 
on   such   day. — People   v.    Doyle,    100  /  423. 

SALOON :  Three  rooms  opened  into  one  another  and  the  rear  one  had 
an  outer  door.  A  bar  in  the  front  room  and  the  back  ones  were  used 
for  card  playing  and  drinking.  Between  the  front  and  back  rooms  was  a 
hole  in  the  wall.  Held,  that  the  saloon  included  the  three  rooms. — People 
V.  Higgins,  56  /  159.  See,  also.  People  v.  Scranton,  61  /  244.  If  a  saloon- 
keeper connects  his  living  rooms  with  his  saloon  proper  and  permits  the 
free  passage  of  customers  back  and  forth,  sometimes  serving  liquors  in  his 
living  rooms,  the  whole  will  be  considered  a  saloon. — People  v.  Cox,  70  / 
247  ;    People  v.    Talbot,    120  /  486. 

SALE  NOT  NECESSARY  :  The  purpose  of  the  statute  is  to  prevent  the 
sale  of  liquors  on  holidays  in  any  place  of  resort  for  refreshments. — People 
V.  Hobson,  48/27.  The  object  is  not  merely  to  punish  the  sale,  but  to 
remove  the  danger  that  advantage  might  be  taken  of  the  saloon's  being  open 
to  sell  clandestinely  what,  on  other  days.  Is  sold  openly. — People  v.  Beller, 
73  /  641.  Therefore  an  actual  sale  of  liquor  is  not  necessary  to  constitute 
an  opening  under  the  law. — People  v.  Cummerford,  58  /  328  ;  People  v.  Rob- 
bins,   70  /  130  ;   People  v.    Cox,   70  /  247  ;   People  v.    Hughes,  86  /  184. 

BREACH  OF  THE  PEACE :  The  provision  allowing  officers  to  close,  on 
their  own  determination,  places  of  sale  and  to  arrest  parties  without  pro- 
cess as  for  a  breach  of  the  peace,  is  unconstitutional. — Robison  v.  Miner, 
68  /  549  ;    People   v.    Rohrer,    111  /  31. 


CHAPTER  IX.— COUNTY  OFFICERS. 
ELECTION  AND  QUALIFICATION. 


COUNTY   TREASURER. 

County treas-        (435)      §  2534.     Sec.  35.     The  county  treasurer  shall  be 

for  two  vears-   elected  at  the  general  election  for  the  term  of  two  years,  and 

to  give  "bond!   shall  1)6  incapable  of  holding  the  office  of  county  treasurer 

longer  than  four  in  any  period  of  six  years.    He  shall  give  a 

bond  for  the  faithful  and  proper  disscharge  of  the  duties  of 

his  ofiQce  as  hereinafter  directed. 

Rice  V.    Shay,   41/380. 

(436)  §  2537.  Sec.  38.  In  case  the  office  of  county  treas- 
urer shall  become  vacant,  or  in  case  the  treasurer,  from  any 
cause,  shall  be  incapable  of  discharging  the  duties  of  his 
office,  the  board  of  supervisors  may,  if  in  their  opinion  the 
interests  of  the  county  require  it,  by  writing  under  their 
hands,  select  a  suitable  person  to  perform  the  duties  of  the 
treasurer;  and  such  person  so  selected,  upon  giving  such  bond 
for  the  faithful  performance  of  the  duties  of  the  office  as  the 
said  board  shall  direct,  may  perform  such  duties  until  such 
vacancy  shall  be  filled,  or  such  disability  be  removed. 

Hunt    V.    Buhrer,    133  / 115. 


OfiBce,  how 
■supplied  in 
case  of  vacan- 
cy, etc. 


LAWS   RELATING   TO   ELECTIONS.  143 

(437)  §  2538.     Sec.  39.     No  person  holding  the  office  of  who  not  to 
prosecuting  attorney,  judge  of  a  county  court,  county  clerk,  ''« ''■•^'^^u'''^''- 
supervisor,  or  sheriff,  shall  hold  the  office  of  county  treas- 
urer. 

JUDGE    OF   PROBATE. 

(438)  §  2549.     Sec.  51.     The  judge  of  probate  for  each  J;|rf^|^of 
organized  county  shall  be  elected  at  the  general  election  for  eiection'of. 
the  term  of  four  years  and  shall  have  possession  of  the  seal, 
records,   books,   files   and   papers  belonging  to   the  court  of 
probate,  and  shall  keep  a  record  of  all  orders,  decrees  and 

other  official  acts  made  or  done  by  him,  which  records  may 
be  inspected  by  all   persons  interested  without  charge.     In  Additional 
counties    having    two    hundred     fifty  thousand     inhabitants '"  ^'^^' 
there  shall  be  two  judges  of  probate  and  in  counties  having 
five  hundred  thousand  inhabitants  there  shall  be  three  judges 
of  probate  who  shall  be  elected    as    hereinafter    provided. 
They  shall  have  equal  powers,  duties  and  compensation,  ex-  Powers,  etc. 
cept  that  the  power  of  appointment,  nomination  and  removal 
of  the  several  employes  provided  by  law  for  such  court  and 
(he   offices   connected   therewith,    and   the   general    direction 
and  control  of  the  business  of  such  court,  including  the  di- 
vision of  the  work  between  the  judges,  shall  be  vested  in  the 
judge   having   served    for   the    longest   period    continuously. 
Whenever   the   United    States    census    shall    show    that    any  vacancy, 
county  has  two  hundred  fifty  thousand  inhabitants  and  it  has  how'fufed?*^' 
but  one  judge  of  probate,  the  additional  office  first  herein  ®"'- 
[irovided  for  shall  be  deemed  to  be  created  and  vacant  and 
whenever  the  United   States    census    shall    show    that    any 
county  has  five  hundred  thousand  inhabitants  the  additional 
office  next  herein  provided  for  shall  be  deemed  to  be  created 
and   vacant,  which  vacancy  or  vacancies  shall  be   filled  by 
appointment  of  the   governor  and   the  person   so  appointed 
.shall  hold  office  until  his  successor  is  elected  and  qualified. 
At  the  next  general  election  a  successor  to  such  officer  shall 
be  elected  who  shall  hold  office  until  his  successor  shall  be 
elected  at  the  next  alternate  biennial  election  provided  for 
in  section  fourteen  of  article  seven  of  the  constitution,  and 
shall  have  qualified. 

Am.    1909,    Act   43  ;    1013,    Act   86. 

Election  to  fill  vacancy  in  ofBce  of. — Secord  v.  Foutcli,  44/89;  People  v. 
Palmer,   01  /  283. 

Probate  judges  are  in  no  sense  county  officers. — Douvielle  v.  Manistee  Super- 
visors,   40  /  585. 

COUNTY   CLERKS. 

(439)  §  2570.    Sec.  61.     The  county  clerk  in  each  organ-  Election,  term 
ized  county  shall  be  elected  at  the  general  election,  for  the  bond.*^^'  *"' 
term  of  two  years,  and  shall  give  a  bond  to  the  people  of  the 

state,  in  the  penal  sum  of  two  thousand  dollars,  to  be  ap- 
proved by  the  circuit  judge,  for  the  faithful  discharge  of  the 
duties  of  his  office. 


144 


STATE    OF   MICHIGAN. 


Clerk  to  trans- 
mit list  of  jus- 
tices to  secre- 
tary  of   state. 


Also  of  town- 
ship and  city 
clerics  and 
supervisors. 


(440)  §  2575.  Sec.  66.  The  clerk  of  each  county  shall 
transmit  to  the  secretary  of  state  annually,  within  one  week 
after  the  fourth  day  of  July,  a  list,  certified  by  him,  of  all 
justices  of  the  peace  of  the  county,  stating  the  time  of  their 
respective  elections  and  their  terms  of  service,  their  postofSce 
addresses,  and  whether  elected  to  fill  a  vacancy,  and  if  so, 
what  vacancy;  and  whenever  the  county  clerk  shall  receive 
information  of  the  death,  removal,  or  resignation  of  any  jus- 
tice of  the  peace  of  his  county,  'it  shall  be  his  duty,  forthwith, 
to  notify  the  secretary  of  state  of  such  vacancy ;  he  shall  also 
annually,  immediately  after  receiving  from  the  township  and 
city  clerks  of  his  countj'  the  names  and  postoffice  addresses 
of  the  township  and  city  officers,  transmit  to  the  secretary  of 
state  the  names  and  postoi3Bce  addresses  of  the  several  town- 
ship and  city  clerks  and  sujiervisors,  with  the  name  of  the 
township  or  city  for  which  they  are  such  clerks  and  super- 
visors set  opposite  their  respective  names. 


SHERIFFS. 

When  sheriff         (441)      S  2577.     Sec.  68.     The   sheriff   of  each   organized 

elected"  term  \  /        o  o 

of  office:  bond,  couuty  shall  be  elected  at  the  general  election,  for  the  term 
of  two  years,  and  shall  give  bond  to  the  people  of  this  state 
in  the  penal  sum  of  ten  thousand  dollars,  and  with  such  suffi- 
cient sureties,  not  less  than  three  in  number,  as  the  judge 
of  the  circuit  court,  or  the  county  judge  shall  approve. 

People  v.   Mayworm,   5  /  146  ;   Lamoreaux  v.   Att'y   Gen.,   89  /  147. 


Two  coroners 
to  be  elected 
in  each 
county. 


COEONBES. 

(442)  §  2607.  Sec.  86.  Two  coroners  shall  be  elected  for 
each  of  the  organized  counties  of  this  state,  at  the  general 
election,  for  the  term  of  two  years,  who  shall  give  bond  to 
the  people  of  this  state,  in  such  penal  sum,  and  with  such 
sufficient  sureties,  as  the  judge  of  the  circuit  court,  or  the 
county  judge,  shall  direct  and  approve,  the  condition  of  which 
bond  shall  be  in  .substance  I  lie  same  as  that  to  be  given  by 
the  sheriff;  varying  only  in  the  description  of  the  office. 

People   V.    Cicott,    lG/283. 


REGISTER    OF    DEEDS. 


Election  of. 


When  judge 
to  appoint 
person  to  per- 
form duties  of 
register. 


(443)  §  2610.  Sec.  89.  The  register  of  deeds  for  each 
organized  county  shall  be  elected  at  the  general  election,  for 
the  terra  of  two  years,  and  shall  give  bond  to  the  people  of 
this  state  in  the  penal  sum  of  three  thousand  dollars,  with 
two  sureties  to  be  approved  by  the  county  treasurer,  the  con- 
dition of  which  shall  be,  that  he  shall  faithfully  and  impar- 
tially discharge  the  duties  of  his  office. 

(444)  §  2614.  Sec.  93.  If,  during  a  vacancy  in  the  office 
of  the  register  of  deeds,  or  his  absence  or  inability  to  perform 
the  duties  of  his  office,  there  shall  be  no  deputy  register,  or  if 


LAWS    RELATING    TO    ELECTIONS.  146 

(jucli  deputy  be  unable  from  any  cause  to  perform  the  said 
duties,  the  judge  of  probate  of  the  county  may,  by  writing 
under  liis  hand,  appoint  some  suitable  person  to  perform  the 
duties  of  register  of  deeds  for  the  time  being,  who  shall  take 
an  oath  of  ofiBce,  and  give  such  bond  as  the  said  judge  shall 
direct  and  approve. 

See    section    478. 

COUNTY    SURVEYOR. 

(445)  §  2617.     Sec.  95.     The  county  surveyors  for  each  Election  of. 
organized  county  shall  be  elected  at  the  general  election,  for 

the  term  of  two  years,  and  shall  give  bond  to  the  people  of 
this  state,  in  the  penal  sum  of  two  thousand  dollars,  with 
two  sureties  to  be  approved  by  the  county  treasurer,  condi- 
tioned for  the  faithful  and  impartial  discharge  of  the  duties 
of  his  oflBce. 

FILING    OATHS    AND    BONDS    BY     COUNTY     OFFICERS. 

(446)  §  2641.     Sec.  118.     Each  of  the  officers  named  in  Certain 
this  chapter,   except  notaries   public   and  prosecuting  attor-  ?ake*oath, 
neys,  shall,  before  entering  upon  the  duties  of  his  office,  and  *^*''- 
within  twenty  days  after  receiving  official  notice  of  his  elec- 
tion, or  within  twenty  days  after  the  commencement  of  the 

term  for  which  he  was  elected,  take  and  subscribe  the  oath  of 
office  prescribed  by  the  constitution  of  this  state,  before  some 
officer  authorized  by  law  to  administer  oaths,  and  deposit  the 
same  with  the  clerk  of  the  proper  county,  who  shall  file  and 
preserve  the  same  in  his  office. 

FORM   OF   OATH:      See   section   73. 

(447)  §  2642.     Sec.  119.     Each   of  the  said    officers    of  raiqgjO^f^^^^ 
whom  a  bond  shall  be  required  by  law,  except  the  said  treas- 
urer, before  entering  upon  the  duties  of  his  office,  and  within 

I  he  time  limited  in  the  last  preceding  section  for  depositing 
liis  oath,  shall  depo.sit  his  bond  with  the  said  treasurer,  who 
shall  tile  and  preserve  the  same  in  his  office;  and  the  said 
treasurer,  before  entering  upon  the  duties  of  his  office,  and 
within  the  time  limited  in  the  preceding  sections  for  deposit- 
ing his  oath,  shall  deposit  his  bond  with  the  clerk  of  the 
county,  who  shall  file  and  preserve  the  same  in  his  office. 

Detroit  T.  Weber,  26  /  284  ;  People  v.  Johr,  22  /  461.  An  officer  who  is 
himself  a  surety  on  the  bond  cannot  approve  it. — Stevenson  v.  Bay  City, 
26/44;    Gallery    v.    Bank,    41/172. 

(448)  §  2645.    Sec.  122.    Whenever  the  governor  shall  ap- Commiaaion  of 
point  a  prosecuting  attorney,  the  secretary    of    state    shall  attorney  "to  be 
transmit  his  commission  to  the  clerk  of  the  county  for  which  transmuted. 
?uch  prosecuting  attorney  was    appointed,    and    the    county 

clerk,  on  receiving  such  commission,  shall  immediately  give  cierk  to  give 
notice  thereof  to  the  person  so  appointed. 
19 


146 


STATE    OF   MICHIGAN. 


Person 
appointed  to 
take  oath 
before  clerk. 


Term,  when  to 
commence. 


(449)  §  2646.  Sec.  123.  The  person  so  appointed  shall, 
before  entering  upon  the  duties  of  his  office,  and  within 
twenty  days  after  receiving  notice  of  his  appointment,  appear 
before  the  county  clerk,  and  take  and  subscribe  the  oath  of 
office  prescribed  by  the  constitution,  and  file  the  same  with 
the  clerk,  who  shall  thereupon  deliver  to  the  person  so  ap- 
pointed the  commission  received  by  him  for  such  person,  and 
shall  thereupon  give  notice  to  the  secretary  of  state  of  the 
filing  of  such  oath,  and  of  the  time  of  filing  the  same. 

(450)  §  2G47.  Sec.  124.  The  regular  terms  of  ofSce  of 
the  several  county  oflicers  elected  at  the  general  election  shall 
commence  on  the  first  day  of  January  succeeding  their  elec- 
tion, but  those  elected  at  the  general  election,  or  at  a  special 
election,  to  fill  vacancies,  may  qualify  and  enter  upon  the 
execution  of  their  offices  immediately  after  being  notified  of 
their  election. 


JUDGE  OF  COURT  OF  DOMESTIC  RELATIONS. 


[Extract  from  Act  186,  P.  A.  1913.] 


Court  of 
domestic 
relations. 


Election  of 
judge,  how, 
when. 


Vacancy  in 
office  ot  judge. 


(451)  Section  1.  There  shall  be  in  each,  county  of  this 
state,  which  has  a  population  of  upwards  of  two  hundred 
fifty  thousand,  a  court  of  domestic  relations,  which  shall  be  a 
court  of  record,  having  one  judge  whose  term  of  ofiSce  shall 
commence  on  the  first  day  of  September,  nineteen  hundred 
thirteen.  The  office  of  the  judge  of  the  court  of  domestic 
relations  hereby  created,  shall  be  deemed  vacant  from  and 
after  the  taking  effect  of  this  act,  and  shall  be  filled  by 
appointment  by  the  governor  of  the  said  state,  and  such 
judge  shall  hold  office  until  the  next  general  election. 

(452)  Sec.  2.  At  the  first  general  election  held  in  said 
counties,  respectively,  after  this  act  shall  take  effect,  the 
qualified  electors  of  each  such  county  shall,  in  the  manner 
prescribed  by  law  for  the  election  of  circuit  judges,  elect  a 
judge  of  the  court  of  domestic  relations  of  such  county,  and 
his  term  of  office  shall  continue  until  the  first  day  of  Janu- 
ary, nineteen  hundred  eighteen.  Thereafter  all  judges  shall 
be  elected  every  six  years  at  the  April  election  next  preced- 
ing the  expiration  of  the  term  of  the  then  incumbent.  In 
case  of  a  vacancy  in  the  office  of  judge  of  the  court  of  domes- 
tic relations,  the  governor  shall  fill  said  vacancy,  and  the 
incumbent  so  appointed  shall  hold  office  until  the  next  gen- 
eral election.  The  provisions  of  law  relative  to  nomination 
and  election  of  circuit  judges  shall  in  all  cases  govern  the 
nomination  and  election  of  judges  of  the  court  of  domestic 
relations. 


LAWS    RELATING    TO    ELECTIONS.  147 


CIRCUIT  COURT  COMMISSIONERS. 

An  Act  relative  to  circuit  court  commissioners,  their  election,  powers, 

and  duties. 

[Extract  from  Act  204,  P.  A.  1881.] 

The  People  of  the  State  of  Michigan  enact: 

(453)  §  10C4.  Section  1.  That  there  shall  be  elected  at  Election, 
the  next  general  election  1o  be  Iield  in  this  stale,  and  every 

two  years  thereafter,  one  circuit  court  commissioner  in  each 
of  the  organized  counties,  who  shall  enter  upon  the  discharge 
of  their  official  duties  on  the  first  day  of  January  succeeding 
their  election,  and  shall  hold  their  offices  two  years,  and  be 
vested  with  judicial  powers  not  exceeding  those  of  a  judge 
of  the  circuit  court  at  chambers:  Provided,  That  in  each  Proviso, 
county  in  this  state  wherein  any  census  taken  by  the  author- 
ity of  this  state,  or  of  the  United  States,  shall  show  a  popula- 
tion of  twenty  thousand  or  more,  there  shall  be  elected  at  the 
general  election  next  succeeding  the  taking  of  such  census, 
and  every  two  years  thereafter,  two  such  circuit  court  com- 
missioners. 

(454)  §  1065.    Sec.  2.    Whenever,  in  any  county,  two  cir-  County  can- 
cuit  court  commissioners  shall  have  been  elected,  it  shall  be  rglfateVweh^' 
the  duty  of  the  board  of  county  canvassers  to  designate  which  cledTo'offlce" 
of  the  persons  so  elected  shall  succeed  to  the  office  thereto- 
fore held  by  each  circuit  court  commissioner :   Provided,  That  Proviso. 

if  in  any  case  the  said  board  of  county  canvassers  shall  neg- 
lect or  refuse  to  make  such  designation  it  may  be  made  by  the 
circuit  judge  of  the  judicial  circuit  of  which  such  county 
constitutes  the  whole  or  a  part. 

(455)  §  1000.  Sec.  .3.  No  person  shall  be  elected  a  cir-  Must  be 
cult  court  commissioner  unless  he  be  at  the  time  an  attorney  ''"'"'"^y- 
and  counselor  at  law  of  the  supreme  court. 

(456)  §  1007.     Sec.  4.     Every  circuit  court  commissioner,  oath  of  office, 
before  he  shall  enter  uj^on  tlie  duties  of  his  office,  shall  take 

and  subscribe  the  oath  of  office  prescribed  by  the  constitution 
(if  tliis  sln.te.  lK?fore  some  judge  or  clerk  of  a  court  of  record, 
and  cause  the  same  to  be  filed  by  him  iu  the  office  of  the 
county   clerk   of  his  county. 

(457)  §  1080.  Sec.  17.  Each  circuit  court  commissioner.  Bond, 
before  entering  on  the  performance  of  the  duties  by  this  act 
prescribed,  shall  execute  a  bond  to  the  people  of  this  state, 
with  sufficient  surety  or  sureties  to  be  approved  by  the  cir- 
cuit judge  or  clerk  of  his  county,  conditioned  for  tlie  faithful 
performance  of  the  duties  required  of  him  by  this  act,  in  the 
penal  sum  of  not  less  than  three  thousand  nor  more  than  five 
thousand  dollars,  in  the  discretion  of  the  circuit  judge  or 
county  clerk  by  whom  the  same  may  be  approved;  said  bond, 
when  approved,  shall  be  filed  with  the  county  clerk  of  the 
proper  county. 


STATE    OF   MICHIGAN. 


Lcancy.  how      (458)     §  1090.    Sec.  27.    Whenever  a  vacancy  shall  occur, 
'^'^  for  any  cause,  in  the  oflSce  of  circuit  court  commissioner  of 

any  county,  the  governor  may  fill  such  vacancy  by  the  ap- 
pointment of  a  person  eligible  to  such  office,  who  shall,  upon 
taking  the  official  oath  aud  executing  and  filing  the  bond,  as 
provided  in  section  seventeen  of  this  act,  be  authorized  and 
required  to  discharge  all  the  duties  of  circuit  court  commis- 
sioner, and  shall  be  liable  to  all  the  provisions  of  law  touch- 
ing said  office,  and  shall  hold  the  same  until  his  successor 
shall  be  duly  elected  and  qualified. 


An  Act  to  repeal  all  local  or  special  acts  providing  a  salary  of  one 
thousand    dollars    to    circuit    court   commissioners. 

[Act   259,   P.    A.    1911.] 

The  People  of  the  State  of  Michigan  enact: 

ts  repealed.  (459)  SECTION  1.  All  local  or  special  acts  providing  a 
salary  of  one  thousand  dollars  to  the  circuit  court  commis- 
sioners of  any  county  in  this  state  are  hereby  repealed,  to  take 
effect  December  thirty-one,  nineteen  hundred  twelve. 


COUNTY  COMMISSIONER  OF  SCHOOLS. 


action  of 
unty  com- 
Issioner  of 
tiools. 


nd 


[Extract   from   Act    147,    P.   A.   1891.] 

(460)  §  4809.  Sec.  2.  There  shall  be  elected  at  the  elec- 
tion held  on  the  first  Monday  in  April,  nineteen  hundred 
three,  and  every  fourth  year  thereafter,  in  each  county,  one 
commissioner  of  schools,  whose  term  of  office  shall  commence 
on  the  first  day  of  July,  next  following  his  or  her  election, 
and  who  shall  continue  in  office  four  years,  or  until  his  or  her 
le  oath  and  successor  shall  be  elected  and  qualified.  The  county  commis- 
sioner of  schools  elected  under  fhe  provisions  of  this  section 
shall  file  with  the  county  clerk  for  the  county  for  which  he 
or  she  is  elected,  his  or  her  oath  of  office  and  bond,  the  same 
as  provided  in  section  one  of  this  act,  and  the  county  clerk 
shall  make  the  same  report  1o  the  superintendent  of  public 
instruction  in  all  respects  as  provided  in  section  one  of  this 
act:  Provided,  That  in  the  county  of  Chippewa  the  commis- 
sioner of  schools  heretofore  elected  on  the  first  Monday  in 
April,  nineteen  hundred  three,  shall  hold  office  until  the  first 
day  of  January,  nineteen  hundred  nine,  or  until  his  successor 
shall  be  elected  and  qualified.     Hereafter  in  the  said  county 


oviso  as  to 
ilppewa 

unty. 


LAWS    RELATING    TO    ELECTIONS.  149 

of  Chippewa,  a  commissioner  of  schools  shall  be  elected  at  the 
general  election  to  be  held  in  November,  nineteen  hundred 
eight,  and  every  fourth  year  thereafter,  whose  tenn  of  office 
shall  commence  on  the  first  day  of  January  next  following 
his  or  her  election :  Provided,  That  in  the  county  of  Lake  Proviso  as  to 
the  commissioner  of  schools  heretofore  elected  on  the  first  ''''•^"""y- 
Monday  in  April,  nineteen  hundred  seven,  shall  hold  ofiQce 
until  the  first  day  of  January,  nineteen  hundred  eleven,  or 
until  his  successor  shall  be  elected  and  qualified.  Hereafter 
in  the  said  couuty  of  Lake,  a  commissioner  of  schools  shall  be 
elected  at  the  general  election  to  be  held  in  nineteen  hun- 
dred ten  and  every  fourth  year  thereafter,  whose  term  shall 
commence  on  the  first  day  of  Janiiary  next  following  his  or 
her  election. 

Am,  1901,  Act  35 ;  1003,  Act  160 ;  1907,  Act  115. 

(461)     §  4810.     Sec.  3.    Persons  eligible  to  hold  the  office  EiigibUity. 
of  commissioner  of  schools  must  possess  the  following  qual- 
ifications : 

(a)  Twelve  months  experience  as  a  teacher  in  the  public  Teacher 
schools  of  this  state; 

(b)  Must   lie  a  graduate  of  the  literary  department  of  tJ™'i"a'e. 
some   reputable   college,   uuivei-sity,   or  state   normal   school 
having  a  course  of  at  least  three  years :    Provided,  That  the  Jg™''j,'^°:g 
holder  of  a  state  teacher's  certificate,  or  of  an  indorsed  first  certificate. 
grade  certificate,  or  of  a  certificate  granted  in  another  state 

and  indorsed  by  the  state  board  of  education  of  this  state, 
shall  be  eligible  in  any  county :     Provided  further.  That  per-  Further 
sons  who  now  hold  the  office  of  commissioner  of  schools  shall  p™^'^"- 
be  eligible   to   succeed   themsehes:    Provided   further,    That  Further 
in  counties  employing  less  than  fifty  teachers  a  person  hold-  p™^'™ 
ing  at  the  time  of  his  or  her  election  a  second  grade  certifi-. 
cate  shall  be  eligible  in  tlie  county  where  such  certificate  was 
granted,  unless  a  person  qualified  as  heretofore  provided  can- 
not be  secured  to  fill  the  position. 

Am,    1909.   Act   222. 

QUALIFICATIONS  OP  COMMISSIONER:  A  hierh  school  Is  not  a  college 
within  the  meaning  of  this  section.  A  special  first  grade  certificate  not 
granted  at  one  of  the  regular  pulilic  examinations  provided  for  by  law.  or 
one  granted  without  any  examination,  or  one  granted  upon  public  examina- 
tion after  election  as  commissioner,  does  not  qualify, — People  v,  Hewlett. 
94/]6.'j.  The  legislative  intent  is  to  keep  up  the  standard  of  teachers  by  re- 
quiring certain  educational  qu.'ilifications  in  the  persons  whose  duty  it  is  to 
examine  the  teachers  and  determine  their  fitness  for  their  work, — People 
r.  Hewlett,  94  /  109,  It  was  held  that  persons  elected  to  the  office  of  com- 
missioner, and  holding  the  same  after  the  amendment  of  1S05,  are  eligible 
since  the  statute  is  still  the  act  of  1891,  notwithstanding  the  amendments,— 
Att'y   General    v.    Lewis,    151/81. 

(462)  §  4819.  Sec.  12.  Whenever  by  death,  resignation  JJ^^^^fJ^'^ 
or  removal  from  office,  or  otherwise,  a  vacancy  shall  occur  in 
the  office  of  county  commissioner  of  schools,  the  county  clerk 
shall  issue  a  call  to  the  board  of  supervisors  of  the  county 
and  said  board  shall  meet  at  the  office  of  the  county  clerk  on 
a  date  to  be  named   in  said  notice,  not  more  than  ten  days 


STATE    OF   MICHIGAN. 


from  the  date  of  such  notice,  and  said  board  shall  appoint 
a  person  wlio  is  qualiiied  according  to  statute  to  fill  the  va- 
cancy for  the  unexpired  portion  of  the  term  of  office. 

Am.    1909,    Act   222. 


BOARD  OF  COUNTY  ROAD  COMMISSIONERS. 


[Extract   from  Act  283,   P.  A.   1909,   Ch.    IV.] 

(463)  Sec.  6.  In  any  county  where  the  county  road  sys- 
tem shall  be  adopted,  a  board  of  county  road  commissioners, 
and  not  exceeding  five  in  number,  shall  be  elected  by  the 
people  of  such  county.  In  the  first  instance  such  commis- 
sioners shall  be  appointed  by  the  board  of  supervisors  or 
elected  at  a  general  or  special  election  called  for  that  pur- 
pose, as  shall  be  ordered  by  the  board  of  supervisors.  If 
such  commissioners  are  appointed  they  shall  hold  office  only 
until  the  first  day  of  May  next  following.  Their  successors 
shall  be  elected  at  the  general  election  held  on  the  first  Slon- 
day  in  April  following  the  date  of  their  appointment.  If 
such  commissioners  are  to  be  elected  at  a  general  election, 
notice  thereof,  embodying  a  copy  of  the  resolution  of  the 
board  of  supervisors,  giving  the  number  and  terms  of  office  of 
the  commissioners  to  be  elected,  shall  be  published  by  the 
clerk  in  the  newspaper  or  newspapers  selected  by  the  board 
of  supervisors,  as  required  by  section  three  of  this  act;  if 
a  special  election  is  called  for  the  election  of  such  commis- 
sioners a  like  notice  shall  be  given  by  the  clerk,  which  notice 
shall  be  posted  and  published  in  such  newspapers  as  required 
by  section  three.  In  the  month  of  March  in  each  year  there- 
after in  which  a  county  road  commissioner  is  to  be  elected, 
the  county  clerk  shall  give  notice  that  a  county  road  com- 
missioner is  to  be  elected  at  the  following  election,  to  be 
held  on  the  first  Monday  of  April,  and  shall  publish  the  same 
in  a  newspaper  or  newspapers  in  manner  aforesaid:  Pro- 
vided. That  in  the  counties  of  Wayne  and  Mason  the  elec- 
tion of  county  road  commissioners  shall  be  held  at  the  general 
election  on  the  first  Tuesday  after  the  first  Monday  in  No- 
vember; the  notice  thereof  shall  be  given  at  the  time  notice 
is  given  of  the  general  election :  Provided  further.  That  the 
election  of  county  road  commissioners,  as  herein  provided, 
shall  not  be  mandatory  in  any  county  which  contains  more 
than  twenty-six  surveyed  townships,  either  entire  or  frac- 
tional, as  determined  by  the  government  survey  thereof.  In 
such  county  or  counties  the  board  of  supervisors  may,  by  a 
majority  of  its  members-elect,  appoint  such  county  road  com- 
missioner. 

Am.    1913,   Act   400. 


LAWS   RELATING   TO    ELECTIONS.  151 

(464)     Sec.  8.    In  case  a  vacancy  shall  occur  in  the  office  vacancy, 
of  county  road  commissioner,  the  board  of  supervisors  may    ""     "  ' 
ii])i)oint  a  commissioner  to  fill  such  vacancy,  who  shall  hold 
office  for  the  unexpired  portion  of  the  term  in  which  the  va- 
cancy occurs.     Each  commissioner  shall  hold  his  office  until 
his  successor  is  elected  and  qualified.     The  board  of  super-  Compensation. 
visors  shall  fix  the  compensation  of  such  commissioners,  ex- 
cept in  the  county  of  Wayne  where  the  compensation  shall 
he  five  dollars  per  diem,  for  such  time  as  the  commissioners 
shall   serve  the  county  in  the  capacity  of  county  road  com- 
missioners. 

Am.    1913,   Act    371. 


DRAIN  COMMISSIONERS. 

[Extract  from  Act  254,  P.  A.  1897,  Chap.  II.] 

(465)  §  4310.  Section  1.  At  the  regular  biennial  election  Drain  com- 
to  be  held  on  the  Tuesday  succeeding  the  first  Monday  in  SeS'ion^of. 
November,  nineteen  hundred  twelve,  and  every  second  year 
thereafter,  one  county  drain  commissioner  shall  be  elected 
in  every  organized  county  in  this  state  by  the  qualified  elect- 
ors thereof.  The  term  of  office  of  such  county  drain  commis-  Term  of  office. 
sioner  shall  begin  on  the  first  day  of  January  next  succeeding 
his  election  and  continue  for  a  period  of  two  years  thereafter 
and  until  his  successor  shall  be  elected  and  qualified.  In 
case  of  a  vacancy  occurring  in  the  office  of  county  drain 
commissioner  for  any  cause,  the  same  shall  be  filled  as  soon 
as  practicable  thereafter  by  the  appointment  by  majority 
vote  of  the  county  clerk,  prosecuting  attorney  and  judge  of 
probate  of  the  county,  of  which  appointment  they  will  file 
their  certificate  under  their  hands  and  seals  in  the  office  of 
said  county  clerk ;  and  it  shall  be  the  duty  of  the  county  clerk 
to  make  report  to  the  secretary  of  state  of  the  appointment 
and  qualification  of  said  county  drain  commissioner.  Such 
county  drain  commissioner  whether  elected  or  appointed  to  fill 
a  vacancy,  before  entering  upon  the  duties  of  his  office,  shall  oatii  of oiHce. 
take,  subscribe  and  file  with  the  county  clerk  the  constitutional  °"  ' 
oath  of  office,  and  shall  also  within  the  same  time  execute  and 
file  with  such  county  clerk  a  bond  to  the  people  of  the  state 
of  Michigan  in  the  penal  sum  of  five  thousand  dollars  with 
two  or  more  sufficient  sureties  to  be  approved  before  filing  by 
the  county  clerk,  county  treasurer  and  judge  of  probate,  con- 
ditioned upon  the  faithful  discharge  of  the  duties  of  his  office: 
Provided,  That  the  board  of  supervisors  of  any  county  may  Provi.so. 
fix  the  bond  to  be  required  of  the  drain  commissioner  at  a  dif- 
ferent amount,  when  in  its  judgment  the  same  may  be  desir- 
able. 

Am.    ISllO,    Act    272;    1000,   Act    118;    1011,   Act   185. 


152 


STATE   OP    MICHIGAN. 


Present 
incumbents. 


(466)  §  4311.  Sec.  2.  All  county  drain  commissioners 
Loldinf;  sufh  otlioe  ou  December  thirty-first,  nineteen  hun- 
dred nine,  shall  coutimie  to  lx»  such  commissiouei-s  until  their 
respective  successor's  are  elected  and  qualified  in  accordance 
with  the  provisions  of  the  foregoing  section. 

Am.    1909,   Act   118. 

Sec.   8   which   stated   certain  officers  as  disqualified   for  the   office  of  county 
drain    commissioner   was  repealed  by  act   185   of  1911. 


MINE  INSPECTORS. 


[Extract   from   Act    1G3,   T.   A.    1911.] 


Present 
officer.s  to 
serve  pending 
elections. 


The  People  of  the  State  of  Michigan  enact: 

When  elected.  (467)  SECTION  1.  Tliere  shall  be  elected  at  the  general 
electon  in  the  year  nineteen  hundred  twelve,  and  at  every  gen- 
Term,  eral  election  thereafter  an  inspector  of  mines  for  the  term 
of  two  jeavs  in  any  county  within  this  state  where  there  are 
iron  or  copper  mines  situated  and  working,  some  suitable  per- 
Quaiifications.  SOU  who  is  a  citizeu  of  this  state,  who  can  read  and  write 
the  English  language,  and  who  has  had  at  least  ten  years' 
actual  experience  in  mining,  timbering  and  general  under- 
ground work,  or  a  person  holding  the  degree  of  mining  en- 
gineer, or  an  equivalent  degree,  and  who  shall  have  practiced 
his  profession  as  such  engineer  for  at  least  two  years. 

(468)  Sec.  2.  Until  the  election  and  qualification  of  the 
first  inspector  of  mines  to  be  elected  as  provided  by  this  act, 
the  inspector  of  mines  and  the  deputy  inspectors  heretofore 
appointed  by  any  board  of  supervisors  shall  continue  to  .serve 
until  their  terms  of  ofiice  have  expired,  and  such  board  of  su- 
pervisors where  there  are  iron  or  copper  mines  situated  and 
working  is  hereby  authorized  and  directed  to  appoint  their 
successors  and  to  remove  the  same  or  any  one  thereof  when- 
ever in  its  judgment  the  best  interests  of  owners  and  em- 
ployes may  so  require,  and  to  fill  vacancies  arising  from  any 
other  cause  than  removal,  but  no  such  inspectors  of  mines 
or  deputy  inspectors  appointed  by  or  serving  under  any  ap- 
pointment of  any  board  of  supervisors  shall  hold  office  beyond 
the  first  day  of  January  succeeding  the  election  of  the  fii'st 
inspectors  of  mines  to  be  elected  as  provided  by  this  act. 
Duties.  Such  inspectors  of  mines  and  deputy  inspectors  heretofore 

appointed  or  to  be  appointed  by  any  board  of  supervisors, 
.shall  perform  all  of  the  duties  of  inspector  of  mines  and 
deputy  inspectors  of  mines  until  the  election  and  qualifica- 
tion of  the  first  inspectors  of  mines  to  be  elected  as  herein 
provided. 


\'acanciea. 
how  filled. 


Term  of  office. 


LAWS   RELATING    TO    ELECTIONS.  153 


(469)  Sec.  3.  The  regular  terms  of  office  of  the  inspectors  Regular 

of  mines  to  be  so  elected  shall  commence  on  the  first  day  to™rnmence. 
of  January  succeeding  their  election. 

(470)  Sec.  4.     In  case  of  any  vacancy  in  the  office  of  the  ^acancy,  how 
inspector  of  mines,  the  governor  shall  by  writing  under  his  ' 

hand  appoint  some  suitable  person  who  is  possessed  of  the 
same  qualifications  as  the  officers  provided  for  in  section  one, 
to  perform  for  the  time  being  the  duties  required  by  law  to  be 
performed  by  such  inspector. 

(471)  Sec.  5.   The  inspector  of  mines  when  so  elected  shall  Bonda^,^  ^^ 

give  bonds  in  the  sum  of  five  thousand  dollars,  with  good  and 

sufficient  sureties  to  be  approved  by  the  circuit  judge  or  judge 

of  probate  of  the  county  in  which  such  inspector  shall  be 

elected  for  the  faithful  performance  of  his  duties,  which  said 

bond  shall  be  payable  to  the  people  of  this  state  and  shall  be  where  filed. 

filed  with  the  clerk  of  the  county  where  he  is  so  elected. 

(472)  Sec.  6.    The  inspector  of  mines  when  so  elected  may  Deputy  in- 

.     ,  T..  J.  X  j-ii,  spectors. 

appomt  one  or  more  deputy  inspectors,  not  exceeding  three, 
as  in  his  judgment  may  be  necessary  for  the  purpose  of  dis- 
charging the  duties  hereinafter  prescribed,  and  may  revoke 
such  appointments  at  his  pleasure.  Any  and  all  such  deputy  Duties. 
inspectors  in  any  county  shall  be  under  the  supervision  of 
the  inspector  of  mines,  and  their  duties  shall  be  prescribed 
by  him. 


TRUSTEES  OF  COUNTY   PUBLIC  HOSPITAL. 

[Extract  from  Act  r,oO,  P.  A.  1013.] 

(473)     Section  1.    Any  county  may  establish  a  public  hos-  Jj'^,"']Jy|gP"''''' 
]iital  in  the  following  manner:    ^Vhellever  the  board  of  super-  petition  for. 
visors  of  any  county  shall  be  presented  with  a  petition  signed 
by  five  percent  of  the  electors  of  such  county,  asking  that 
l)onds  be  issued  and  that  an  annual  tax  may  be  levied  for  the 
establishment  and  maintenance  of  a  ]inblic  hosi)ital  at  a  place 
in  such  county  named  therein,  ami  shall  specify  in  their  peti- 
tion the  maximum  amount  of  money  jtroposed  to  be  expended 
iu  purchasing,  leasing  or  building  said  hospital,  it  shall  at  the  E.ferendiim 
next  general  election  to  be  held  in  the  county,  after  first  tieSn™ 
giving  ninety  days'  notice  thereof  in  one  or  more  newspapers 
published  in  the  county,  if  any  be  published  therein,  and  by 
posting  such  notice,  written  or  jirinted,  in  each   voting  pre- 
cinct of  the  county,  which  notice  shall  include  the  text  of  the 
petition  and  state  the  amount  of  the  bonds  to  he  issued  and 
the  amount  of  the  tax  to  be  levied  upon  the  assessed  prop- 
erty of  the  said  county,  which  tax  shall  not  exceed  two  mills 
<in   the   dollar,   for  a   period   of  time   not  exceeding   fifteen 
3  ears,  submit  to  tlie  qualified  electors  thereof,  the  question 


154  STATE    OF    MICHIGAN. 


whether  bonds  shall  be  issued  in  the  amount  of  ^ 


and  whether  tliere  shall  be  levied  on  the  assessed  property 

of  such  county  a  tax  of  • mills  on  the  dollar  for  the 

purchase  of  real  estate  for  hospital  purposes,  or  for  the  pur- 
chasing,  leasing  or  construction   of  liospital   buildings,   and 
for  maintaining  the  same,  or  for  either  or  all  of  said  pur- 
poses. 
Election,  (474)      Sec.  2.     Said  election  shall  be  held  at  the  usual 

etc!^^  '"  '      places  in  such  county  for  the  election  of  county  ofBcers,  the 
vote  to  be  canvassed  in  the  same  manner  as  that  for  county 
oilficers.    The  ballots  to  be  used  at  any  election  at  which  the 
said  question  is  submitted  shall  be  printed  with  a  statement 
Form  of  ballot,  substantially  as  follows: 

Sliall  the  county  of issue  bonds  in  the  sum  of 

dollars  and  levy  a    mill  tax  to  pro- 
vide for  the  payment  of  same  for  the  purpose  of  purchasing, 
leasing  or  constructing,  as  the  case  may  be,  a  public  hospital, 
and  to  provide  for  the  maintenance  of  same? 
Yes.    [  ] ; 

Shall  the  county  of  issue  bonds  in  the  sum  of 

dollars  and  levy  a    mill  tax  to  pro- 
vide for  the  payment  of  same  for  the  purpose  of  purchasing, 
leasing,  or  constructing,  as  the  case  may  be,  a  public  hospital, 
and  to  provide  for  the  maintenance  of  same? 
No.     [  ]. 

If  a  majority  of  the  votes  cast  at  such  election  be  in  favor 
of   the   proposition   so   submitted,   the   board   of   supervisors 
shall  issue  the  bonds  as  hereinafter  provided  and  shall  levy 
the  tax  so  authorized,   to  be  collected  in  the  same  manner 
as  other  taxes  are  collected  and  credited    to    the    hospital 
fund,  and  it  shall  be  paid  out  on  the  order  of  the  hospital 
trustees  for  the  purposes  authorized  by  this  act  and  for  no 
other  purposes  whatever. 
Trustees,  how       (475)     Sec.  3.    Should  a  majority  of  all  the  votcs  cast  upou 
be?l't2'  ™''° '°  the  question  be  in  favor  of  establishing  such  county  public 
hospital,  the  board  of  supervisors  shall  proceed  at  once  to  ap- 
point seven  trustees  chosen  from  the  citizens  at  large  witli 
reference  to  their  fitness  to  such  office,  three  of  whom  may 
be  women,  all  residents  of  the  county,  not  more  than  three 
of  said  trustees  to  be  residents  of  the  city,  town  or  village 
in  which  said  hospital  is  to  be  located,  who  shall  constitute 
Terms  of         a  board  of  trustees  for  said  public  hospital.    The  said  trus- 
offlce.  ^ggg  shall  hold  their  offices  until  the  next  following  Novem- 

ber election,  when  seven  hospital  trustees  shall  be  elected 
and  hold  their  offices,  two  for  two  years,  two  for  four  years, 
three  for  six  years,  and  who  shall  by  lot  determine  their 
respective  terms.  At  each  subsequent  November  election  the 
offices  of  the  trustees  whose  terms  of  office  are  about  to 
expire  shall  be  filled  by  the  nomination  and  election  of  ho.s- 
pital  trustees  in  the  same  manner  as  other  officers  ai'e  elect- 
ed, none  of  whom  shall  be  practicing  physicians. 


LAWS    RELATING     TO    ELECTIONS.  155 

(476)     Sec.  5.     Vacancies  in  the  board  of    trustees    oc-  vacancies, 
casioned  by  removals,  resignations  or  otherwise  shall  be  re-  *"*"  ™®'*" 
ported  to  the  board  of  supervisors  and  be  filled  in  like  man- 
ner as  original  appointments,  appointees  to  hold  office  until 
the  next   following   November  election,   when  such   vacancy 
shall  be  filled  by  election  in  the  usual  manner. 


APPROVAL  OF  BONDS. 

An  Act  to   provide   for  the  approval  of  the  oflBcial  bonds  of  county 
officers   by   the    board    of   supervisors. 

[Act   27,    S.    L.    1873.] 

The  People  of  the  State  of  Michigan  enact: 

(477)      §  2648.     Section  1.     All  official  bonds  of  county  Bonds  of 
officers  which  are  now  required  by  law  to  be  approved  by  the  app?oved'by^" 
judge  of  the  circuit  court,  shall  hereafter  be  approved  by  the  ^"^^ll^^^ 
board  of  supervisors  of  the  county  in  which  said  officers  are 
elected :    Provided,  however,  That  if  the  board  of  supervisors  Proviso. 
in  any  case  shall  not  have  approved  of  such  bonds  or  the 
sufficiency  of  the  sureties  thereto,  before  any  such  officer  shall 
enter  upon  the  duties  of  his  office,  the  circuit  judge  of  the 
circuit  to  which  such  county  may  be  attached,  or  the  judge 
of  probate  of  such  county  may,  on  application  of  the  officer 
so  elected,  approve  of  tlie  bond  and  sureties  thereto,  on  being 
satisfied  of  the  pecuniary  responsibility  of  the  sureties  to  meet 
the  exigencies  of  said  bond,  subject,  however,  to  the  approval 
of  the  board  of  supervisors  at  their  first  meeting  thereafter: 
Provided,  That  this  act  shall  not  be  in  force  or  operation  in  ^™™°' 
Wayne  county.  county  ex- 

Sectlon   2   repeals  "aU  acts  or  parts  of  acts  contravening  the  provisions  of 
ttiis  act."     Bay   Co.   v.  Brock,  44  /  49.     See  also  sections  446-47. 


CHAPTER   X.— RESIGNATIONS,   VACANCIES,   REMOV- 
ALS FROJI  OFFICE   AND  RECALLS. 

RESIGNATIONS. 

[Extract   from    R.    S.    1846,    Cli.    15.] 

(478)     S  1153.     Section  1.    Resignations  shall  be  made  as  Rfisignations. 

.    ,;         '       "  "  to  whom 

follows:  made. 

1.  By  the  govei-nor,  lieutenant  governor,  and  all  officers 
elected  by  joint  vote  of  the  senate  and  house  of  representa- 
tives:  to  the  legislature; 


156 


STATE    OP    MICHIGAN. 


2.  By  officers  appointed  by  the  goveruor  alone,  or  by  the 
governor  by  and  with  the  advice  and  consent  of  the  senate, 
or  both  branches  of  the  legislature:    to  the  governor; 

3.  By  senators  and  I'epresentatives,  to  the  presiding  oflS- 
cers  of  their  respective  houses,  who  shall  immediately  trans- 
mit the  same  to  the  governor; 

4.  By  all  other  oflBcers  who  hold  their  offices  by  election, 
except  officers  elected  at  township  meetings:  to  the  officer  or 
officers  respectively  authorized  by  law  to  order  a  special  elec- 
tion to  fill  such  offices  respectively ; 

5.  By  all  other  officers  holding  their  offices  by  appoint- 
ment, and  not  by  election :  to  the  body,  board,  or  officer  that 
appointed  them. 


Duties  of 
officers,  etc., 
to  whom 
resignations 
are  made. 


What  events 
to  create 
vacancy. 


Proviso. 


Sherman   v.   Supervisors,  84/111. 
Bird    v.    Perlsins,    33/30. 


When   a  resignation  will  be  presumed.- 


(479)  §  1154.  Sec.  2.  It  shall  be  the  duty  of  all  officers, 
bodies,  or  boards  to  whom  the  resignation  of  any  office  con- 
templated in  the  last  preceding  section,  is  authorized  to  be 
made,  or  who  are  authorized  to  fill  any  vacancy  in  any  of 
said  offices,  or  to  order  a  special  election  therefor,  when  duly 
informed  of  the  existence  of  such  vacancy,  to  cause  to  be  filed 
in  the  office  of  the  secretary  of  state  a  statement  of  the  occur- 
rence, with  the  date  and  cause  of  such  vacancy. 


Secord    y.   Foutch,   44  /  92. 
See  section   481. 


VACANCIES. 


(480)  §  1155.  Sec.  3.  Every  office  shall  become  vacant, 
on  the  happening  of  either  of  the  following  events,  before 
the  expiration  of  the  term  of  such  office : 

1.  The  death  of  the  incumbent; 

2.  His  resignation ; 

3.  His  removal  from  office; 

4.  His  ceasing  to  be  an  inhabitant  of  tliis  state;  or,  if  the 
office  be  local,  of  the  district,  county,  to^vmship,  city  or  vil- 
lage, for  which  he  shall  have  been  elected  or  appointed,  or 
within  which  the  duties  of  his  office  are  required  to  be  dis- 
charged ; 

5.  His  conviction  of  any  infamous  crime,  or  of  any  offense 
involving  a  violation  of  his  oath  of  office; 

6.  The  decision  of  a  competent  tribunal,  declaring  void 
Ills  election  or  appointment;  or, 

7.  His  refusal  or  neglect  to  take  his  oath  of  office,  or  to 
give  or  renew  any  official  bond,  or  to  deposit  such  oath  or 
bond  in  the  manner  and  within  the  time  prescribed  by  law : 
Provided,  That  the  supervisor  of  any  township,  in  which  the 
office  of  a  township  treasurer  or  justice  of  the  peace  may  be- 
come vacated  by  operation  of  this  act,  shall  immediately 
transmit  to  the  county  clerk  of  the  county  in  which  such 
township  treasurer  or  justice  of  the  peace  re.sides,  a  notice  in 


LAWS   RELATING    TO    ELECTIONS.  157 

writing,  officially  signed  by  Iiini,  informing  the  county  clerk 
(lull  llic  office  of  siicli  (owiisliip  Irea.surer  or  justice  of  the 
peace  is  vacalecl. 

SUr.I>l\'lSION  7:  A  jiarly,  however  well  onlillcd  lo  an  office,  loses  his 
j-isht  unless  he  liles  his  oaUi  and  bonds. — Wayne  Auditors  v.  Benoit,  20  / 
ISl;  ^n\^■  I'aw  v.  Ef^^Ieston,  25  /  o(>.  lint  tlie  directions  as  to  time  are 
not  applicalile  to  a  person  to  whom  the  election  board  refuses  a  certilieale, 
lint  can  apply  only  to  the  person  declared  elected. — I'eople  v.  Mayworm.  Ti  / 
]4(!;  Wayne  Auditors  v.  Benoit.  20/lSl.  One  who  has  been  elected  to  the 
olfice  (if  justice  of  the  peace  and  has  entered  upon  the  duties  thereof,  is 
an  otliccr  de  facto,  notwithstanding  his  failure  to  file  his  oath  of  otHcc,  and 
bond  within    the   lime  prescribed   bv  law. — People  v.   Payment,   109/553. 

ACCEPTING  INCOMPATIBLE  OFFICE:  The  rule  is  well  settled  that  be 
who,  while  occupying  one  office  accepts  another  incompatible  with  the  first, 
ipso   facto  vacates  the   first  office. — Northway   v.   Sheridan,    111/18. 


An  Act  in   relation  to  vacancies  in   certain  state  and  county  offices. 
[Act   190,    P.   A.    1879.] 

The  People  of  the  State  of  Michigan  enact: 

(481)  §  1156.  Section  1.  That  in  ease  a  vacancy  shall  How  vacan- 
occur  in  any  public  office,  which  vacancy  may  be  filled  by  offices  mied." 
appointment  by  the  governor  or  otherwise,  notice  of  such 
vacanc.y  and  of  the  facts  why  the  same  exists,  shall  within  ten 
days  after  such  vacancy  shall  occur,  be  given  in  writing  to 
the  officer,  board  or  body,  having  power  to  fill  such  vacancy 
by  appointment.  Such  notice  shall  be  given  as  follows:  If 
such  vacancy  shall  be  in  any  county  office,  excepting  county 
clerk,  by  the  clerk  of  the  county  wherein  the  same  shall 
occur;  if  in  the  office  of  the  circuit  judge  or  judges  or  record- 
ers of  said  city  courts,  by  the  clerk  of  the  county  wherein  such 
officer  may  reside  at  the  time  the  vacancy  shall  occur;  if  in 
the  office  of  county  clerk  of  any  county,  by  the  judge  of  pro- 
bate of  the  same  county;  if  in  ithe  office  of  secretary  of  state, 
by  the  state  treasurer,  and  in  all  other  cases  by  the  secretary 
of  state ;  in  all  cases  where  a  vacancy  mav  occur  in  an  office  Notice  ot  va- 
the  salary  of  the  incumbent  of  whicli  shall  be  paid  in  whole  meT'  ""^"^ 
or  part  from  the  state  treasury,  the  officer,  board  or  body 
having  the  appointing  power  shall  immediately  after  receiving 
notice  of  such  vacancy  notify  the  auditor  general  of  such 
vacancy. 

See  .section   479. 


168 


STATE    OF    MICHIGAN. 


REMOVALS  FROM  OFFICE. 


[Extract   from    R.    S.    1846,   Ch.   15.] 


Certaio  offi- 
cers may  be 
removed  for 
misconduct. 


(482)  §  1157.  Sec.  4.  The  secretary  of  state,  auditor 
general,  and  all  state  and  county  oflScers,  except  the  state 
treasurer,  and  judges  of  the  supreme  and  circuit  courts,  who 
are,  or  shall  be  appointed  by  the  governor  alone,  or  by  the 
governor,  by  and  with  the  advice  and  consent  of  the  senate, 
or  of  both  branches  of  the  legislature,  or  by  the  legislature 
without  the  concurrence  of  the  governor,  may,  for  official  mis- 
conduct, or  habitual  or  wilful  neglect  of  duty,  at  any  time 
during  the  recess  of  the  legislature,  be  removed,  and  the  va- 
cancy supplied  during  such  recess,  by  the  governor. 

NO  REMOVAL  WITHOTIT  CAUSE :  Officers  cannot  be  removed  without 
cause. — People  v.  Lord,  9  /  227 ;  People  v.  Therrien,  80  / 187.  Our  state 
system  favors  appointments  for  fixed  periods  and  almost  entirely  rejects 
the  policy  of  removals  at  will. — Mead  v.  Ingham  Co.  Treasurer.  36  /  416. 
This  law  contains  no  provision  of  removal  applicable  to  county  superintend- 
ents  of   the   poor. — Id.   418. 


Persons  ap- 
pointed may 
be  removed. 


Governor  may 
remove  offi- 
cers for  cer- 
tain reasons. 


When  may 
Investigate. 


Othcer  to  be 
given  oppor- 
tunity to  be 
heard. 


(483)  §  1158.  Sec.  5.  All  officers  who  are,  or  shall  be 
appointed  by  the  governor  to  fill  a  vacancy  which  shall  have 
existed  during  the  recess  of  the  legislature,  may  be  removed 
by  the  governor. 

(484)  §  1159.  Sec  6.  The  governor  may  remove  all 
county  officers  chosen  by  the  electors  of  any  county  or  ap- 
pointed by  him,  and  shall  also  remove  all  justices  of  the 
peace  and  township  officers  chosen  by  the  electors  of  any 
township,  or  city  or  village  officers  chosen  by  the  electors  of 
any  city  or  village,  when  he  shall  be  satisfied  from  sufficient 
evidence  submitted  to  him,  as  hereinafter  provided,  that  such 
officer  is  incompetent  to  execute  properly  the  duties  of  his 
office,  or  has  been  guilty  of  official  misconduct,  or  of  wilful 
neglect  of  duty,  or  of  extortion,  or  habitual  drunkenness,  or 
has  been  con\ncted  of  being  drunk,  or  whenever  it  shall  ap- 
pear by  a  certified  copy  of  the  judgment  of  a  court  of  record 
of  this  state  that  such  officer  after  his  election  or  appoint- 
ment shall  have  been  convicted  of  a  felony;  but  the  governor 
shall  take  no  action  upon  any  such  charges  made  to  him 
against  any  such  officer  until  the  same  shall  have  been  ex- 
hibited to  him  in  writing,  verified  by  the  affidavit  of  the 
party  making  them,  that  he  believes  the  charges  to  be  true, 
with  a  statement  of  the  prosecuting  attorney  of  the  county, 
that  in  his  opinion  the  case  demands  investigation.  But  no 
such  officer  shall  be  removed  for  such  misconduct  or  neglect 
unless  charges  thereof  shall  have  been  exhibited  to  the  gov- 
ernor, as  above  provided,  and  a  copy  of  the  same  served  on 
such  officer,  and  an  opjwrtunity  given  him  of  being  heard  in 
his  defense. 


Miner    v.    Supervisors,    49  /  602 ;    Clay 
Detroit  Com.   Council,  112/169. 


Stuart,    74/411;    Att'y    Gen.    v. 


LAWS   RELATING    TO    ELECTIONS.  159 

(485)     §  11C5.     Sec.  12.    The   judge  of  the  circuit  court  when  and  by 

,.,..,  ,  •      •  T     11    1  ii        -i         •      whom  county 

and  the  circuit  court  commissioner  shall  have  authority,  in  clerks  may 
term  or  vacation,  to  remove  the  county  clerk  when  in  their ''® ''*^'"''^'"'^ 
opinion  he  is  incompetent  to  execute  properly  the  duties  of 
ills  ■ofiBce,  or  when,  on  charges  and  evidence,  they  shall  be 
satisfied  that  he  has  been   guilty  of  official  misconduct,    or 
hal)itual  or  wilful  neglect  of  duty,  if  in  their  opinion  such 
misconduct  or  neglect  shall  be  a  sufficient  cause  for  such  re- 
moval; but  no  such  clerk  shall  be  removed  for  such  miscon- charges  to  bo 
duct  or  neglect,  unless  charges  thereof  shall  have  been  pre-  ^^'^  ^"^ 
ferred  to  said  judge  or  commissioner,  and  notice  of  the  hear- 
ing with  a  copy  of  the  charges  delivered  to  such  clerk,  and  a 
full  opportunitv  given  him  to  be  heard  in  his  defense.     All  Expensesoi 

,,    ■     ^     ,       „    ,,  i-         i-  .       i-  I  exammation. 

expense  on  the  part  of  the  prosecution  for  examination  of 
charges,  provided  for  in  the  preceding  section  of  this  act, 
shall  be  paid  by  the  counties  in  which  the  officer  to  be  ex- 
amined holds  his  office. 

(48G)     §  11G6.    Sec.  13.    The  office  of  state  treasurer,  com- when  gover- 
niissioner  of  the  land  office,  or  of  any  other  collector  or  re-  ciar"c«ta?n 
ceiver  of  public  moneys,  appointed  by  the  legislature,  by  the  °^'^^^  vacant. 
governoT-  alone,  or  by  the  governor,  by  and  with  the  advice 
and  consent  of  the  senate,  or  of  both  branches  of  the  legis-' 
lature,  except  those  officers  for  whose  removal  provision  is 
otherwise  made  by  law,  may  be  declared  vacant  by  the  gover- 
nor, in  case  it  shall  appear  to  him  on  sufficient  proofs,  that 
such  treasurer,  commissioner  or  other  officer,  has  in  any  par- 
ticular wilfully  violated  his  duty. 


An  Act  to  subject  all  persons  holding  office  under  the  government 
of  the  state  of  Michigan  to  removal  from  office  for  drunkenness. 

[Act    79,    S.    L.    1871.] 

The  People  of  the  State  of  Michigan  enact: 

(487)      §  11G7.     Section  1.     That  the  drunkenness  of  any  Drunkenness 
person  holding  office  under  the  constitution  or  laws  of  this  movaHrom" 
state  shall  be  good  cau.se  for  removal  from  office  by  the  au-  °^<^^- 
thority  and  in  the  manner  provided  by  law. 


SUPPLYING  VACANCIES. 

[Extract   from    R.    S.   1846,   Ch.    15.] 


(488)     §  1169.    Sec.  15.    When  at  any  time  there  shall  be  circuit  judge 
in  either  of  tlie  offices  of  county  clerk  or  prosecuting  attorney,  porariiTmi 
uo  officer  duly  authorized  to  execute  the  duties  thereof,  the  Ta<=a^««8- 


160 


STATE   OF   MICHIGAN. 


judge  of  the  circuit  court  of  the  circuit  in  which  the  county 
where  such  vacancy  exists,  shall  be  situated,  may  appoint 
some  suitable  person  to  perform  the  duties  of  cither  of  said 
officers  for  llic  time  being;  and  when  at  any  linic  there  shall 
be  in  either  of  the  offices  of  sheriff,  coroner,  register  of  deeds, 
or  county  surveyor,  no  officer  duly  authorized  to  execute  the 
duties  thereof,  some  suitable  person  may  be  appointed  by  the 
county  clerk  and  prosecuting  attorney  of  the  county  to  per- 
form the  duties  of  either  of  said  offices  for  the  time  being. 


other  coiiiily 
offices. 


Sayles  v.  Judge,  82  /  89  ;  Lamoreaux  v.  Att'y  Gen.,  89  /  149.  Temporary 
vacancies  in  county  offices  are  filled  by  appointment  and  not  by  election. — 
Atfy   Gen.   v.   Hollister,    59/591. 

REGISTER   OF   DEEDS:      See  section   444. 


Persons  ap- 
pointed to  fill 
vacancy  to 
comply  with 
directions, 
etc. 


(489)  §  1170.  Sec.  16.  Each  of  the  persons  appointed  in 
pursuance  of  either  of  the  two  last  preceding  sections,  shall, 
before  proceeding  to  execute  the  duties  assigned  him,  comply 
with  such  conditions  and  directions  as  shall  be  prescribed  and 
given  relative  to  oaths  and  bonds,  by  the  officer  or  officers 
appointing  him  as  aforesaid. 


Au  Act  prescribing  the  manner  of  filling  vacancies  In  certain  state 

offices. 


Vacancies  in 
certain  state 
offices,  how 
filled. 


[Act    159,    S.    L.    1851.] 

The  People  of  the  State  of  Michigan  enact: 

(190)  §  1172.  Section  1.  That  whenever,  from  any 
cause,  there  shall  be  a  vacancy  in  the  office  of  auditor  general, 
attorney  general,  secretary  of  state  or  state  treasurer,  super- 
intendent of  public  instruction,  or  commissioner  of  the  state 
land  office,  the  governor  shall  have  power  to  appoint  some 
suitable  person  to  fill  such  vacancy,  and  the  person  so  ap- 
pointed shall  take  the  same  oath  of  office,  and  give  a  bond  in 
the  same  manner  as  provided  by  law  for  the  ofiScer  for  whose 
vacancy  he  shall  be  so  appointed ;  and  such  person  shall  hold 
such  office  (unless  sooner  removed  by  competent  authority) 
until  his  successor  shall  be  elected  and  qualified  under  the 
constitution  of  this  state,  or  until  the  close  of  the  next  session 
of  the  legislature. 


LAWS   RELATING    TO   ELECTIONS.  161 


DECLARING  AND  FILLING  VACANCIES  BY  BOARDS  OF 
SUPERVISORS. 

[Extract    from    Act    15G.    S.    L.    1851.] 

(491)     §  2484.    Srcr.  11.    Tlie  s.aid  several  boards  of  sntier-  Boards  of 

•  1     11  1  -I  XI  11  ii        •      J      J.  supervisors. 

Visors  shall  have  power  and  they  are  hereby  authorized  at  any  power  of. 
meeting-  thereof  lawfully  held : 

Fourteenth,  To  require  any  county  officer  whose  salary  or  certain 
couipensation  is  paid  by  the  county,  to  make  a  report  under  givrbonds. 
oath  to  them  on  any  subject  or  matters  connected  with  the 
duties  of  his  oflice,  and  to  require  such  officers  to  give  bonds 
or  further  or  additional  bonds,  as  shall  be  reasonable  or  nec- 
essary, for  the  faithful  performance  of  their  resi^ective 
duties ;  and  any  such  officer  who  shall  neglect  or  refuse  to 
make  any  such  report,  or  to  give  such  bond  within  a  I'eason- 
able  time  after  being  so  required,  may  be  removed  from  office 
by  such  board  by  a  vote  of  two-thirds  of  all  the  members  elect, 
and  the  office  declared  vacant,  and  such  board  may  fill  such 
vacancy  for  the  unexpired  portion  of  the  time  for  which  such 
officer  was  elected  or  appointed:  Provided,  That  if  the  spring  Proviso. 
or  fall  election  shall  occur  before  the  expiration  of  the  said 
unexpired  term,  if  the  office  be  an  elective  one,  the  vacancy 
shall  be  filled  at  such  election,  and  it  shall  be  the  duty  of 
such  board  to  give  reasonable  notice  of  such  election  to  fill 
the  vacancy. 

.\m.    100.^>.  Act    98 ;    1900,   Act   322  ;   1913,  Act  307. 

See    section    444. 

This  subdivi.sion  docs  not  give  the  board  the  general  power  of  removal, 
but  only  for  the  two  causes  named — failure  to  report  and  neglect  to  give 
bonds. — Mead  v.  Ingham  Co.  Treasurer,  .'!G/41G.  Cases  of  incompetency, 
see   Trainer    v.    Wayne  Co.  Auditors,   80  /  1G2. 


RECALL  OF  CERTAIN  OFFICERS. 

An   Act  to  provide  for  the  recall  of  certain  elective  officers  and  for 
tlie  election    to  fill    the  vacancy   created   thereby. 

[Act    325,    p.   A.    1913.] 

rftc  People  of  the  State  of  Michigan  enact: 

(492)  Section  1.  Every  elective  officer,  in  the  stale  of  oiiicir.s  .sui)- 
Michigau,  except  judges  of  courts  of  record  and  courls  of  like  ■"''' '"  '*''"" 
jurisdiction,  is  subject  to  recall  by  the  legal  voters  of  the 

state  or  of  the  electoral  district  in  which  he  is   elected  as 
hereinafter  provided. 

(493)  Sec.  2.     Petitions  demanding  the  recall  of  United  Petitions, 
States  senators,  members  of  congress,  elective  state  officers, "  ^'^^ 

21 


1^ 


STATE   OF  MICHIGAN. 


Signatures, 
per  cent  of. 


Circulator, 
attachment   of 
affidavit. 


Special 
election. 


Recall  ballot 
form  of. 


Office,  when 
deemed 
vacant,  etc. 


state  'senators  and  representatives  in  the  state  legislature, 
shall  be  filed  with  the  governor.     Petitions  demanding  the 
recall  of  governor  shall  be  filed  with  the  secretary  of  state. 
Petitions  demanding  the  recall  of  any  elective  county,  town- 
ship or  villnce  official  shall  be  filed  with  the  probate  judge  of 
said  countv^and  petitions  demanding  the  recall  of  any  city 
official  shall  be  filed  with  the  mayor  of  said  city.    Petitions 
demanding  the  recall  of  mayor  shall  be  filed  with  the  city 
clerk.     The  petition  shall  be  signed  by  at  least  twenty-five 
per   centum   of  the  number  of  electors  who  voted  for  gov- 
ernor at  the  last  preceding  election  in  the  electoral  district 
of  the  official  sought  to    be    recalled;  said  petition  or  part 
thereof  shall  be  printed  or  typewritten  and  shall  state  clear- 
Iv  the  reason  or  reasons  for  said  demand.     The  signatures 
thereto   shall  be  in  writing  and  shall  state  the  ward,_  pre- 
cinct and  street  number  or  township  in  which  said  petitioner 
lives     The  circulator   of  said   petition   or  his   part  thereof, 
shall    attach    thereto  the   affidavit   that    said  signatures  are 
the  signatures  of  qualified  electors;   that  they  are   genuine 
and  made  in  good  faith  for  the  purposes  set  forth  m  said 
petition,  but  no  such    petition    shall    be    circulated  against 
anv  officer  until  he  has  actually  performed  the  duties  of  his 
office  for  a  period  of  forty-five  days  for  a  legislative  office, 
and  for  three  months  for  any  other  office. 

(494)  Sec.  3.  \^^lenever  a  petition  signed  by  twenty-five 
per  cent  or  more  of  the  electors  designated  in  section  two  of 
this  act  is  filed  against  any  officer,  a  special  election  shall 
within  five  davs  thereafter  be  called,  to  be  held  vnthm 
twenty  davs  in  his  said  electoral  district  to  determine  wheth- 
er the  people  will  recall  said  officer,  but  said  officer  shall 
continue  to  perform  the  duties  of  his  office  un  il  the  result 
of  said  special  election  is  declared.  The  recall  ballot  used 
at  said  special  election  shall  have  printed  thereon,  in  not 
more  than  two  hundred  words,  the  reason  or  reasons  for 
demanding  the  recall  of  said  officer  as  set  forth  m  said  pet - 
tion  and  in  not  more  than  two  hundred  words  the  officers 
iustification  of  his  course  in  office.  There  shall  be  printed 
on  the  recall  ballot  the  following  questions: 

"Rhall   (name  of  the  person  against  whom  the  recall  peti^ 
tion  is  filed)  be  called  from  the  office  of  (title  of  the  office)  ? 

''''''sLn'  (name  of  the  person  against  whom  the  recall  peti^ 
tion  is  filed)  be  called  from  the  office  of  (title  of  the  office)  ? 

No  r  1 " 

(495)  Sec.  4.  If  upon  the  canvass  of  the  votes  cast  upon 
the  question  of  the  recall  of  said  officer,  a  m^.|«"^y.  °*  *^^^ 
voters  voting  shall  decide  in  favor  of  such  recall,  said  office 
shall  be  deemed  to  be  vacant  and  a  special  election  shall  be 
called  within  five  days  to  be  held  within  thirty  days  foi  the 


LAWS    RELATING    TO    ELECTIONS.  igS 


filling  of  such  vacancy:    Provided.  That  the  officer  «o  recalJpd  p     • 
shall  continue  to  perform  the  dnties  of  hL  office  nntH  hisluc  '™-"i<i"tJ 
cessor  shall  have  been  elected  and  qualified.    Unless  he  shar°"^"^''^"'°" 
voluntan  y  withdraw,    the  officer   so   recalled   shall   S    con 

^m.^^^^^i^V'  --r^^"°  '^  ^'-*^  officfL^ other 
candidates  for  the  office  mav  be  nominated  and  voted  for  nt 

ZJ''""rl'''f'''  ^'^  fi""»-  ^-5*  ^1'^  officer  with  whom  the 
recall  petition  has  been  filed  a  petition  within  fifreen  davs 
after  said  special  election  is  called,  signed  bv  not  less  th(n 
hree  per  centum  of  the  qualified  electors  of  the  e°ec  o''^l  dl 
trict  and  said  candidates  so  filing  said  petition  shnllbp  nnT 
sidered  nominated  for  said  office.  The  c.  nd?date  who  h.s 
received  the  h  ghest  number  of  votes  for  the  vacancy  created 
bv  such  recall  shall  be  considered  duly  elected  for  the  ro 
Tretiled.^'^  '"■"  '''''  ^'^  ^°^^^  ^- -•'^  candidTteslhan 

Spectl^l2L°-      n"^?"/""^    ''''}'    P^^^^O'^    ^^'i    «fter   such  Election  ex- 

speciai   election,   no   further  recall   petitions   shall    be    fiip-i  p™^^^; ''"o  to 
agains    the  same  incumbent  of  such  office  during  the  term    or  "^"' 
which  he  IS  elected  unless  such  further  petitioners  shalf  first 
pay  into  the  public  treasury,  which  has  ^aid  such  elecJL  ex 
hil.!!:      ?  T''°.'  ''^'""""*  "^  "^'^^"^^  ^-^Penses  for  the  preced- 

I49?)  'sS'^'t^^?  '''  '\'  ''''''  ''  '^^^  incumbent 
f.-nnt         u  ^''^  '-'''''"  relating  to  nominations  and  elec 

tions  shall  govern  all  nominations  and  elections  under  thTs 
act  insofar  as  not  to  conflict  therewith. 

Sec.    7    repeals    all    contravening   acts. 


CHAPTER  XL-ELECTION  OF  CERTAIN  OFFICERS. 

CIRCUIT  JUDGES. 

An  .«  .0  „„,„,  ,„  >*...«c^.,^^^.,U  «...  „.  „„,«  „ 

fAct  25.   .'5.   L.   1S51  ] 

The  People  of  the  Stale  of  MichU,m  enaet: 
fied.  '  *''^''"  s^^cessors  are  elected  and  qnali- 


164 


STATE    OF   MICHIGAN. 


Duties  of  in- 
spectors of 
election. 


Secretary  of 
state  to  give 
notice  to 
sherifTs. 


Sheriffs  to 
notify  town- 
ship clerks, 
etc. 


Township 
clerks  to  give 
notice  of. 


Election,  can 
vass,  etc. 


County  can- 
vass, when 
held. 


Statement, 
where  re- 
turned. 


Board  of 
state  can- 
vassers. 


;^r^ovik^e'd  Tort^rtHJTrtrJnT'^n  'e\'c\V<licial  circuit. 

MQQ^     s  •?7'>.fi     Sec    2    The  inspectors  of  elections  in  the 
seve'aMolnshfps  and  ^ards  in  cRies  throughout  the  state 
are  hereby  reqn  red  to  prepai-e  a  ballot  box  to  receive  all  bal- 
w«  thnVmav  be  offered  at  such  election  for  circuit  3udge  and 
regent  of'he  uniSy.  both  of  which  officers  shall  be  voted 

^"',Zr\  S737*'  Sec    ?.      The  secretary  of  state  shall,  inv 
.nSly  i^er^lie^^age  of  this  act,  transn^it^to  th^^ 

of  each  county  included  within  the  several  3  ^^  "\\  ™^ 
of  this  state  a  notice  in  writing,  containing  a  brief  >^tattnient 
0    Ite^onJe'nts  of  this  act.  and  he  ^^all  cause  a  coi^-  «f    hi 
net  to  be  published  in  such  newspapers  within  the  ''e%eia 
Uidicial  ciicuits  as  he  niay  deem  proper,  once  m  each  ^eeU 
fom  the  date  of  the  notice  till  the  election  aforesaid. 

(™0)     fslsS.    SEC.  4.    The  sheriffs  of  the  several  counties 

:;n=eL;j^rs^^^-"-^^ 

and  fifty-one,  in  'writing,  under  their  ^J";^!  ^j^^P^^^^,*^^  .i.^^e 
the  electoi-s  of  the  township  or  ward,  of  the  ^ime  and  place 
of  hoMing  such  election,  by  posting  the  same  up  in  at  least 
three  public  places  in  the  township  or  ward. 

'^T^Os!  '^^^l?'  SK^  %^'^S^oS'^nvass  for  the  sevex.1 
cir^ii?  Judge  and'rege^ts  of  the  -ive-ity,  shall  be  on  the 
Second  Tuesday  succeeding  the  election,  and  shall  be  cou- 
rted in  all  respects  in  the  sauK.  ^l^-^^^^^^^  a 
be  made  in  the  same  manner  and  ^'^thm  the  same  time  as  is 
provided  bv  existing  laws  for  the  canvass  of  lepresentative^ 
to  contres^-  but  tlie  county  clerks  of  the  several  counties 
San  t?JSnit  one  of  the  certified  -pies  of  the  s  atem^^^^^^^  of 
votes  to  the  state  treasurer,  ^^^^^^^^^^l^    ^^t. 


J!^L   iMtm^Slr^rthrVta^l^;^-.^^ 

mination  of  the  election  of  the  several  circuit  WS  and 
regents  of  the  university,  in  the  «^"^«  "^^^f /  ^^'^.i^'ed  w 
similar  periods  of  time,  as  near  as  may  be,  as  is  piovided  Dy 


LAWS   RELATING    TO    ELECTIONS.  165 

law  I'm-  tlu'  canvass  of  the  elcfliou  of  representatives  to  coii- 
j;ress,  and  shall  trnnsniit  similar  notices  to  the  pei-sons  de- 
clared to  be  elected  to  the  offices  of  circuit  judge  and  regent 
of  the  university  in  the  several  judicial  districts:  Provided,  Proviso  as  to 
That  the  board"  of  state  canvassers  shall  not  determine  the  vvayne."^ 
result  of  the  election  for  a  regent  of  the  university  in  the 
county  of  Wayne,  until  after  the  receipt  of  the  several  state- 
ments of  votes  given  for  a  regent  of  the  university  in  the 
njiper  i)eninsula ;  provided  such  statement  shall  be  received 
before  the  third  Tuesday  of  November  next  ensuing,  when 
said  board  shall  proceed  to  canvass  and  determine  the  elec- 
tion of  such  regent,  as  in  other  cases. 

(505)      §  3742.      Sec.  8.      The    officers    elected    under    the  commence- 
provisions  of  this  act,  shall  enter  upon  the  discharge  of  their '"*"' °'' '"""■ 
respective  duties  on  the  first  day  of  January  succeeding  their 
election. 

Section   9   was   supersedoil   Iiy   section    24   of   Act    190   of   1891.      See    section 
101   of  this  compilation. 


REGENTS  OF  THE  UNIVERSITY. 

An  Act  to  provide  for  the  election  and  classification  of  regents  of  the 

university. 

[.Vet    143,    S.    L.    1803.] 

The  People  of  the  State  of  3Iichigan  enact: 

(506)  §  374o.     Section  1.     That  a  general  election  shall  cenerai  eiec- 
be  held  in  the  several  townships  and  wards  of  this  state  on  g°"ti."'^  "^"^ 
the   first   ^londay   in   April,   in   the  year  one  thousand  eight 
hundred  and  sixty-three,  and  on  the  first  Monday  in  April  in 

everj'  second  year  thereafter,  for  the  election  of  regents  of 
the  university,  who  shall  enter  on  the  duties  of  their  office 
on   the  first  day  of  January  next  succeeding  their  election. 

See   constitution,    .Art.    XT,   section    3;    section   07  of   tliis  compilation. 

(507)  §  3744.     Sec.  2.     At  the  election  to  be  held  on  the  Election  in 
first  Monday  of  April,  in  the  year  one  thousand  eight  hun-  ^'*®' 
dred  and  sixty-three,  there  shall  be  elected  eight  regents  of 

the  university,  who  shall  be  divided  into  four  classes,  of  two  Howcbssi- 
each,  to  be  numbered  one,  two,  three  and  four,  whose  term  of  *''"''■ 
service  shall  commence  on  the  first  day  of  .January,  one  thou- 
sand eight  hundred   and  sixty-fonr.     The  term  of  service  of  Term  of  ser- 
class  number  one  shall  expire  in  two  years;  the  term  of  class  class"'™''' 
number  two  shall  expire  in  four  years;  the  term  of  class  num- 
ber three  shall  expire  in  six  years;  the  term  of  class  number 
four  shall  expire  in  eight  years  from  the  first  day  of  January, 


166 


STATE    OF   MICHIGAN. 


Biennial  elec- 
tion. 


one  thousand  eight  hundred  and  sixty-four.  After  the  first 
election,  two  regents  shall  be  elected  every  two  years,  and 
their  term  of  office  shall  be  eight  years.  The  place  of  each 
class  shall  be  filled  by  an  election  at  the  general  election  to 
be  held  on  the  first  Monday  in  April  next  preceding  the 
expiration  of  their  term  of  service. 


Sections    3   and   4   rilato 
under  tills  act. 


lo   tlie    maunoi'    of   giving   notice   of   first   election 


Elections, 
how  con- 
ducted. 


Canvass,  how 
conducted. 


(508)  §  3747.  ^Ec.  5.  The  several  regents  of  the  univer- 
sity, to  be  elected  as  afoi-esaid,  shall  be  voted  for  on  the  same 
ballots  with  the  jnstice  or  justices  of  the  supreme  court  and 
circuit  judge,  to  be  chosen  at  such  election ;  and  the  election 
provided  for  by  this  act  shall  be  conducted  in  the  same 
manner,  and  by  the  same  officers,  and  the  same  notices  of  time 
and  place  shall  be  given  as  by  existing  laws  for  election  of 
justices  of  the  supreme  court,  and  th€  inspectors  of  election 
shall  make  the  same  canvass,  statement  and  return,  and  shall 
be  invested  with  the  same  poAvers  as  are  provided  by  the  laws 
of  this  state  for  a  general  election. 

(509)  §  3748.  Sec.  6.  The  county  and  state  board  of 
canvassers  for  said  election  shall  consist  of  the  same  persons 
as  provided  by  existing  laws  for  canvassing  votes  for  state 
officers,  and  the  canvass  shall  be  held  and  conducted  in  the 
same  manner,  and  at  the  same  time,  and  the  like  statements 
and  returns  .shall  be  made,  and  the  said  board  shall  be 
charged  with  the  same  duties,  and  invested  with  the  like 
powers  as  provided  by  existing  laws  for  canvassing  votes  for 
justices  of  the  supreme  court  and  circuit  judges,  and  the  sec- 
retary of  state  shall  perform  the  same  duties  in  relation 
thereto,  and  all  the  proceedings  shall  be  conducted  in  accord- 
ance with  the  laws  regulating  the  canvass  of  votes  cast  at 
a  general  election,  so  far  as  the  same  are  applicable. 

Sec.  7   relates   to  the  classification  ot  regents  first  elected. 


STATE  BOARD  OF  EDUCATION. 

An  Act  fixing  the  time  when  members  of  the  state  board  of  education 
shall   be  elected. 


[Act   216,    P.    A.    1909.] 

The  People  of  the  State  of  Michigan  enact: 

Members  (510)      SECTION  1.     At  the  biennial  spring  election  to  be 

ediicat?in,        l^old  ou  the  first  Monday  in  April  of  nineteen  hundred  nine, 

when  elected.   jjq,j  q^  ^ach  Succeeding  biennial  spring  election,  there  shall  be 

elected  one  member  of  the  board  of  education,  who  shall  hold 


LAWS   RELATING   TO    ELECTIONS.  16? 

his  office  for  six  years  from  the  first  day  of  July  followiug 
his  election ;  at  the  biennial  spring  election  to  be  held  on  the 
first  Monday  in  April,  nineteen  hundred  nine,  a  successor 
to  the  member  of  the  state  board  of  education  whose  term 
of  office  expired  on  December  thirty-first,  nineteen  hundred 
eight,  shall  be  elected;  at  the  biennial  spring  election  to 
be  held  on  the  first  Monday  in  April,  nineteen  hundred  eleven, 
a  successor  to  the  member  of  tlie  state  board  of  education 
whose  term  will  expire  December  thirty-first,  nineteen 
hundred  ten,  shall  be  elected;  and  at  the  biennial  spring 
election  to  be  held  on  the  first  Monday  in  April,  nineteen 
hundred  thirteen,  a  successor  to  the  member  of  the  state 
board  of  education  whose  term  ^vill  expire  on  December 
thirty-first,  nineteen  hundred  twelve,  shall  be  elected.  Each  TeTHi» 
member  shall  hold  his  office  for  the  term  for  which  he  was 
elected  and  until  his  successor  is  elected  and  qualified. 


SUPERINTENDENT  OF  PUBLIC  INSTRUCTION. 

An  Act  to  provide  for  the  election  of  a  superintendent  of  public  in- 
struction. 

[Act   12,    P.    A.    1909.] 

The  People  of  the  State  of  Michigan  enact: 

(511)  Section  1.  At  the  biennial  spring  election  to  be  when  elects^, 
held  on  the  first  Monday  in  April,  nineteen  hundred  nine,  and  **""■ 
every  second  year  thereafter,  there  shall  be  elected  a  super- 
intendent of  public  instruction,  who  shall  hold  office  for  a 
period  of  two  years  from  the  first  day  of  July  following  his 
election  and  until  his  succes.sor  is  elected  and  qualified.  The 
person  receiving  the  greatest  number  of  votes  at  such  election 
shall  be  by  the  state  board  of  canvassers  declared  elected  to 
.such  office. 


JUSTICES  OF  THE  SUPREME  COURT. 

An  Act  to  provide  for  tlie  organization   of  tlie  supreme  court,  pur- 
.  suant  to  section  two  of  article  six  of  the  constitution. 

[Act    146,    S.    L.    1857.] 

The  People  of  the  State  of  Michigan  enact: 

(512)      §  177.     Section  1.     From  and  after  the  first  day  How  consti- 
of  January,  nineteen  hundred  five,  the  supreme  court  shall  '"''^■ 
consist  of  a  chief  justice  and  seven  associate  justices,  to  be 


168  STATE   OF    MICHIGAN. 


choseu  by  the  electors  of  this  state,  aud  iu  the  meantime 
the  supreme  court  shall  continue  as  at  present  organized. 

Am.    1903,    Act    250. 

General  eiec-        (513)     §  178.     Sec.  2.    A  general  election  shall  be  held  in 
judges!"^  <he   several   townships   and   wards   of  the  state,  on   the  first 

^iondav  of  Ajiril,  in  the  year  one  tliousand  eight  hundred 
and  fifty-seven,  and  on  the  first  Monday  of  April  in  everj' 
.second  year  thereiifter,  for  the  election  of  judges  or  justices 
of  the  supreme  court. 

See   Chase   v.    Election    Com'rs,    151  /  410. 

Additional  (514)     §  179.     Sec.  3.     At  the  election  to  be  held  in  the 

iy^'ted.'te^m"  -Several  townships  and  cities  of  this  state,  on  the  first  Tues- 
of  office,  etc.  ^^y  after  the  first  Monday  of  November,  nineteen  hundred 
four,  there  shall  be  elected  three  additional  associate  justices 
of  the  supreme  court,  who  shall  enter  upon  office  on  the  first 
day  of  January,  nineteen  Jiundred  five,  one  of  whom  sJiall 
liold  his  office  until  the  tliirly-first  day  of  December,  nineteen 
hundred  seven,  one  shall  Jioid  liis  office  until  the  thirty-first 
day  of  December,  nineteen  hundred  nine,  and  one  shall  [hold] 
Ills  office  until  the  thirty-fir.st  day  of  December,  nineteen  hun- 
dred eleven.  The  ballots  cast  at  such  election  for  such  jus- 
tices shall  designate  the  term  of  service  of  each  justice  voted 
for.  At  the  election  to  be  held  in  the  several  townshijis  and 
cities  of  this  state,  on  the  first  Monday  in  April,  nineteen  liun- 
dred  five,  there  shall  be  elected  one  justice  of  the  supreme 
court,  who  shall  hold  his  office  for  the  term  of  eight  years 
from  and  after  the  first  day  of  January  next  succeeding  such 
election.  At  the  election  to  be  held  in  tlie  several  townships 
and  cities  of  this  state,  on  the  first  Monday  in  April,  nineteen 
hundred  seven,  and  every  two  years  thereafter,  lliei'c  shall 
be  elected  two  justices  of  the  supreme  court  to  hold  their 
olfices  respectively  for  the  term  of  eight  years  from  and  after 
I  he  first  day  of  January  next  succeeding  such  elections.  The 
several  justices  of  the  supreme  court  now  in  office  shall  hold 
Iheir  offices  respectively  during  the  term  for  which  they  have 
been  elected,  and  the  terra  of  all  other  justices  of  the 
supreme  court  shall  be  eight  years,  as  above  ijrovided. 

Am.   1903,  Act  250. 

Vacancy,  how      (515)     §  180.     Sec.  4.     Whenever  a  vacancy  shall  happen 
^"^•i-  in  the  office  of  judge  of  the  supi'eme  court,  it  shall  be  filled 

by  apjiointment  of  the  governor,  and  a  successor  shall  be 
electee!  at  the  next  general  election  which  may  be  held  on 
the  first  ^Monday  of  April  thereafter;  unless  a  general  elec- 
lion  shall  be  hold  in  Novemter,  prior  to  such  election  in 
April;  and  in  such  case  he  may  be  elected  at  such  election  in 
Novemlier. 

Sections   •''i   ;mrt  6  provided  for   the  notiScation  of  officers  of   the  new   enact- 
ment. 


LAWS   RELATING   TO    ELECTIONS.  169 

(510)  §  181.  Sicc.  7.  TIk'  inspectors  of  elcrtioii  in  the  Ballot  Ijox. 
several  townsliijis  juul  wards  in  cilies  tlivoni;liont  tlie  .state, 
aw  lieroby  rciiniicd  U)  ]>re])are  a  liallol  box  at  each  of  the 
biennial  elections  ]iro\iilcd  for  in  this  act,  to  receive  all  bal- 
lots that  may  be  offered  at  such  elections  for  a  jndjie  or 
jnd}>es  of  the  supreme  court,  and  for  circuit  judge  and  regent  . 
of  the  universitv,  all  of  which  shall  be  voted  for  on  the  same 
ballot. 

(517)  S   182.     Skc.  8.     The  election  ])rovided  for  by   this  Elections, 
act  shall  be  conducted  in  the  same  manner  and  by  the  same  ducted." 
officers,  and  notices  of  the  time  and  place  shall  be  given,  as 

by  the  existing  laws  j>rovision  is  made  for  holding  a  general 
election  in  the  state  in  the  month  of  Nmember  of  each  second 
year;  and  the  insjiectors  of  election  shall  make  the  same  can- 
vass, statement  and  returns,  and  they  are  hereby  invested 
with  the  same  ))owers  and  authority,  as  are  provided  by  the 
election  laws  of  this  state  for  a  general  election.. 

(518)  §  188.     Skc.  i).     The  county  canvass  for  judges  of  county  can- 
the  supreme  court  .«hall  be  held  on  the  ^second  Tuesday  sue-  b^heid  a^nd  " 
feeding  the  election,  and  shall   be  conducted  in  all  respects  [Justed." 

in  the  same  manner  and  by  the  same  officers,  and  retuiiis 
shall  be  made  in  the  same  manner  and  within  the  same  time, 
as  is  provided  by  existing  laws  for  the  canvass  of  votes  cast 
for  i'ircuit  judges,  secretary  of  stale,  and  other  state  officers. 

(519)  §  184.     Sec.  10."    The    secretary    of    state,     state  Board  ot  state 

X  1  •      •  i!  ii  x    i      1        1      iS!  1      11  canvassers. 

treasurer,  and  commissioner  of  the  state  land  office,  shall  con- 
stitnte  the  board  of  state  canvassers,  and  they  are  hereby  How  to  pro- 
authorized  and  required  to  proceed  in  the  canvass  and  vassing.'^'"'' 
determination  of  the  election  of  the  judges  or  judge  of  the 
sujireme  court  in  the  same  manner  and  at  the  same  time  as 
is  provided  by  law  for  the  canvass  of  the  election  of  circuit 
judges  and  regents  of  the  university,  and  tJiey  shall  make  a 
statement  of  the  votes  cast  and  the  number  cast  for  each  per- 
son, and  determine  the  person  or  persons  elected,  and  make 
and  subscribe  on  such  statement  a  certificate  of  such  deter- 
mination, and  deliver  the  same  to  the  secretary  of  state,  who 
shall  cause  the  same  to  be  recorded  in  his  office;  all  of  which 
proceedings  shall  be  conducted  in  accordance  with  the  laws 
regulating  the  canvass  of  votes  cast  at  a  general  election  for 
state  officers,  so  far  as  the  same  are  applicable. 

Tbc   bnl.inri'  of  this  act   relates   to  the  classiflcafton   of  judges,    and  powers 
and   duties  of  the   court. 


170 


STATE    OF   MICHIGAN. 


ELECTION  OF  U.  S.  SENATORS. 

An   Act  to  designate  the   time,   and   provide  the  manner   of  electing 
United  States  senaters. 

[Act  1,   S.  L.  1869.] 


Time  ot 
electing. 


Each  house 
to  name  a 
candidate. 


Entries  to 
be  made  oa 
journals. 


Joint  con- 
vention. 


.Tournala  to 
be  read. 


A  majority 
vote  in  each 
house  to  elect 


Vacancies, 
how  filled. 


The  People  of  the  State  of  Michigan  enact: 

(520)  §  1144.  Section  1.  That  the  leoi. si  attire  which 
shall  be  chosen  next  preceding  the  expiration  of  the  time  for 
which  any  senator  was  elected  to  represent  this  state  in  the 
congress  of  the  United  States,  shall,  on  the  second  Tuesday 
after  the  meeting  and  organization  thereof,  proceed  to  elect 
a  senator  in  congress,  in  the  place  of  such  senator  so  going 
out  of  office,  in  the  following  manner:  Each  honse  shall 
openly,  by  a  viva  voce  vote  of  each  member  present,  name  one 
person  for  senator  in  congress;  and  the  name  of  the  person 
so  voted  for,  who  shall  have  a  majority  of  the  whole  number 
of  votes  cast  in  each  house,  shall  be  entered  on  the  iournal 
of  each  honse  by  the  clerk  or  secretary  thereof;  but  if  either 
house  shall  fail  to  give  such  majority  to  any  person  on  s?uch 
day,  that  fact  shall  be  entered  on  the  journal.  At  twelve 
o'clock,  meridian,  of  the  day  following  that  on  which  proceed- 
ings are  required  to  take  place  as  aforesaid,  the  members  of 
the  two  houses  shall  convene  in  joint  convention,  and  the 
journal  of  each  house  shall  then  be  read;  and  if  the  same 
person  shall  have  received  a  majority  of  all  the  votes  in  each 
house,  such  person  shall  be  declared  duly  elected  a  senator 
to  represent  this  state  in  the  congre.ss  of  the  United  States ; 
but  if  the  same  person  shall  not  have  received  a  majority 
of  the  votes  in  each  house,  or  if  either  house  shall  have  failed 
to  take  proceedings  ns  required  by  this  act,  the  joint  conven- 
tion shall  then  proceed  to  choose,  by  a  viva  voce  vote  of  each 
member  present,  a  person  for  the  purpose  afoi-esaid ;  and  the 
person  having  a  majority  of  all  the  votes  of  the  said  joint 
convention,  a  majority  of  all  the  members  elected  to  both 
houses  being  present,  and  voting,  shall  be  declared  duly 
elected;  and  in  case  no  person  shall  receive  such  majority  on 
the  first  day,  the  joint  convention  shall  meet  at  twelve  o'clock, 
meridian,  of  each  succeeding  day  during  the  session  of  the 
legislature,  and  take  at  least  one  vote,  until  a  senator  shall  be 
elected. 

(521)  §  1145.  Sec.  2.  Whenever,  on  the  meeting  of  the 
legislature,  a  vacancy  shall  exist  in  the  representation  of  this 
state  in  the  senate  of  the  United  States,  the  legislature  shall 
proceed,  on  the  second  Tuesday  after  the  commencement  and 
organization  of  its  session,  to  elect  a  person  to  fill  such 
vacancy,  in  the  manner  hereinbefore  provided  for  the  election 
of  a  senator  for  a  full  term;  and  if  a  vacancy  shall  happen 


LAWS    RELATING    TO    ELECTIONS.  171 

during  the  session  of  the  legislature,  then,  on  the  second  Tues- 
day after  the  legislature  shall  have  been  organized,  and  shall 
have  notice  of  such  vacancy,  the  legislature  shall  proceed  to 
elect  as  aforesaid. 

(522)  §  1146.  Sec.  3.  It  shall  be  the  duty  of  the  gov- Governor  to 
ernor,  upon  the  election  of  a  senator,  as  herein  provided,  to  jfon '^  ^^^' 
certify  his  election  to  the  president  of  the  senate  of  the  United 
States,  which  certificate  shall  be  countersigned  by  the  secre- 
tary of  state,  under  the  seal  of  the  state.  He  shall  also 
deliver  by  mail  or  otherwise  a  like  certificate  to  the  person  so 
elected  senator. 

Section    4    repeals    "all    acts   or   parts    of   acts    contravening   the   provisions 
of  this  act." 


STATE  HIGHWAY  COMMISSIONER. 

[Extract   from  Act  2S3,  P.  A.    1909,   Chap.   V.] 

(523)     Sec.  2.     The  chief  officer  of  said  department  shall  state  highway 
be  denominated  as  the  state  highway  commissioner.    He  shall  Lppolntment? 
be  a  citizen  of  this  state,  and  shall  have  his  office  at  the  seat  ''"'• 
of    government    and    shall    personally    superintend   the  du- 
ties thereof.    He  shall  be  appointed  by  the  governor,  by  and 
with   consent  of   the  senate,   on   or  before   the  first  day  of 
July,  nineteen  hundred  nine,  and  shall  hold  his  office  on  and 
after  said  first  day  of  July,  nineteen  hundred  nine,  until  the 
first  day  of  July,  nineteen   hundred  thirteen,  and  until  his 
successor  is   duly  elected    and   qualifled  as  hereinafter  pro- 
vided.    In  the  year  nineteen    hundred    thirteen,    and    every  Election  of, 
four   years   thereafter,   a   state  highway  commissioner  shall  ^"'^■'y'  "'''• 
be  nominated  and  elected  by  the  people  of  the  state  of  Mich- 
igan at  the  same  time  and  in  the  same  manner  as  the  justices 
of  the  supreme  court  are  nominated  and  elected.     He  shall 
take  his  oath  of  office  July  fir.st  following  his  election,  and 
his    term    of    office  shall  be  four  years  from  that  date  and 
until  his  succe.s.sor  is  duly  elected  and   qualified.     He  shall 
receive  an  annual  salary  of  three  thousand  five  hundred  dol- 
lars.     The    state    highway    commissioner   may   appoint    two  Deputies. 
deputies,  one  of  whom   shall  be  a  competent  civil  engineer 
experienced  in  highway  building.     Such  deputies  shall  take  Oath  or  office, 
and  subscribe  the  oath  of  ofiicc  prescribed  by  the  constitu-  ''""^^'  ^"^• 
tion,  and  whenever  the  commissioner  shall  be  disabled  from 
executing  the  duties  of  his  office,  he  may  designate  one  of 
said  deputies,  duly  appointed,  as  aforesaid,  who  shall  execute 
the  duties  of  said  commissioner  until  such  disability  be  re- 
moved.   Such  deputies  shall  receive  an  annual  salary  of  two  salaries. 
thousand  dollars  each.     The  commissioner  may  employ  such 
other  clerks  and  engineers  as  may  be  necessary  to  perform 
the  duties  incumbent  upon  the  department.    The  salaries  of  How  paid. 


172 


STATE    OF    MICHIGAN. 


Vacancy. 


Oath  and 
bond. 


the  commissioner,  deputy  commissioners  and  others  employed 
by  authority  of  tliis  act  shall  be  paid  upon  the  warrant  of 
the  auditor  general  in  the  same  manner  as  other  state  of- 
ficers and  employes  are  paid;  and  all  other  expenses  shall 
be  approved  by  the  board  of  state  auditors  and  paid  upon 
the  warrant  of  the  auditor  genei-al.  Whenever  a  vacancy 
shall  occui-  in  said  office  of  comnussioiier  by  reason  of  death, 
resignatiou  or  otherwise,  the  governor  shall  fill  such  vacancy 
by  appointment,  but  such  appointee  shall  hold  ofiice  only 
until  the  next  general  state  election  when  a  new  commis- 
sioner shall  be  elected  for  the  unexpired  term.  The  com- 
missioner so  appointed  shall,  within  fifteen  days  from  the 
time  of  notice  of  his  appointment,  take  and  subscribe  the 
oath  of  office  prescribed  by  the  constitution,  and  shall  file 
the  same  in  the  office  of  the  secretary  of  state,  and  llic  said 
commissioner  shall  give  the  ])e<iple  of  ihe  state  of  ilicliigan 
a  bond  in  the  jjenal  sum  of  five  lliousand  dollars,  with  sure- 
ties to  be  approved  bj'  the  auditor  general,  conditioned  for 
the  faithful  discharge  of  the  duties  of  his  office.  The  com- 
missioner shall  make  a  biennial  report  to  the  governor,  which 
report  shall  contain  the  name  and  compensation  of  each  an;l 
every  person  (hat  may  be  or  has  been  employed  by  the  de- 
jiartment,  and  the  whole  amount  of  the  expenses  of  the  de- 
jtartment  in  the  interim  not  previously  reported.  Such  re- 
jiort  shall  be  made  on  or  before  the  first  day  of  Feb- 
ruary, nineteen  hundred  nine,  and  every  two  years  there- 
after, and  the  commissioner  shall  have  printed  a  sufficient 
number  of  these  reports  to  provide  every  township  highway 
commissioner  and  county  road  commis.siouer  in  the  state 
with  a  copy,  and  such  further  number  as  may  be  necessary 
to  .satisfy  the  demand  that  the  public  weal  may  warrant. 


Biennial 
report. 


Am.    1913,    Act   355. 


CHAPTER  XII.— ELECTIONS  IN  CITIES  AND  VIL- 
LAGES. 


FOURTH  CLASS  CITIES. 

[Extract  from  .\ct  215,  P.  A.  1895.] 

CHAPTER  III. 

WARDS. 


Wards. 


(324)  §  2976.  Section  1.  The  wards  established  by  the 
council  as  provided  in  section  ten,  chapter  one  of  this  act, 
and  the  wards  established  in  any  incorporated  city  at  the 


LAWS    RELATING   TO    ELECTIONS.  173 

lime  of  ils  i-eiiieorporation  under  the  ]ii'()visioiis  of  tliiss  act, 
shall  coutiuue  to  be  the  wards  of  sueh  citv,  until  changed  by 
the  legislature. 

For  the  provisions  of  the  so-called  "Home  Rule"  act  for  cities,  see  act 
27a  of   11109,  as  amended  by  acts  81   and  L'03  of  1911. 

For  procecdini^s  for  incorporation  of  fourth  class  cities  previous  to  the 
enactment    of   the    "Home   Rule"    act,   see    sections    295G-69,    C.    L.,    1897. 

(525)  §  2977.  Sec.  2.  Any  city  having  a  population  of  Number  of 
less  than  five  thousand  inhabitants  may  be  divided  into  thi-ee  apportioned 
wards.  If  it  contains  a  population  of  five  thousand  or 
upwards  it  may  be  divided  into  four  wards,  and  an  additional 
ward  for  everj'  additional  two  thousand  inhabitants  above 
five  thousand  and  up  to  ten  thousand.  But  any  city  having, 
at  the  time  of  its  being  brought  under  or  subject  to  the  pro- 
visions of  this  act,  a  greater  number  of  wards  in  proportion 
to  its  jiopulation  than  above  mentioned,  shall  not  be  required 
to  diminish  the  number  of  its  existing  wards. 

(52f>)     §  2978.     Sec.  3.     No  election  of  aldermen  or  ward  Change  of 
officers  shall  be  held  in  any  newly  established  ward,  or  in  any  not"to'affe^ct 
ward,  (Ui  account  of  changes  in  the  boundaries  thereof,  jire-  ward"officers. 
vious  to  the  next  annual  city  election;  nor  shall  the  office  of     . 
any  alderman  or  other  officer  elected  in  any  ward  be  vacated 
by  reason  of  any  change  in  such  ward ;  but  any  such  alderman 
and   other  officer  shall,   during  the   remainder   of  his    term, 
continue  in  office    and    to    rei)resent  the  ward  including  the 
]ilace  of  his  residence  at  the  time  of  the  change  of  the  bounda- 
ries of  the  ward,   unless  the  office  become  vacant  for  some 
other  cause. 

(527)     §  2979.     Sec.  4.     When  by  the  creation  of  a  uewxermaof 
ward  two  aldermen  are  to  be  elected  therein  at  the  same  time,  ne*J^"™a'rds" 
one  of  them  shall  be  elected  for  one  year,  and  one  for  two 
vears,  and  the  term  of  each  shall  be  desimiated  on  the  ballot. 


CHAPTER  IV. 

ELECTORS    .\NI)    UEGISTR.\T10N. 

(528)     §  29S0.     Section  1.     The  inhabitants  of  cities  hav- who  deemed 
ing   the  qualilications   of  electors   under   the   constitution   of '^'*'''"'"- 
the  slate,  and  no  others,  shall  be  electors  therein,  and  every 
elector  shall  vote  in  the  ward  or  election  district  where  he 
shall  have  resided  during  the  twenty  days  next  preceding  the 
day  of  election.     The    residence    of    any  elector,  not  being  a  Residence  of 
householder,  shall  be  deemed  to  be  in  the  ward   or  election  e'^*°"- 
district  in  which  is  located  his  regular  place  of  lodging. 

See  sections   1   and  87,  and  notes. 

Warren   v.   Bd.    of   Registration,   72/405;   Menton    v.   Cook,    147/5-10. 


174 


STATE   OF   MICHIGAN. 


Council  may 
divide  wards 
into  voting 
precincts. 


(529)  §  2981.  Sec.  2.  The  council  of  any  city  having 
more  than  six  hundred  and  fifty  electors  in  any  ward  of  the 
city,  according  to  the  poll  list  of  the  last  preceding  election, 
shall  cause  such  ward  to  be  divided  into  two  or  more  voting 
districts.  The  manner  of  making  such  division,  the  creation 
of  election  inspectors  and  boards  of  registration  therein,  and 
all  matters  pertaining  to  such  division  and  the  holding  of 
elections  in  such  districts,  not  covered  by  the  provisions  of 
this  chapter,  shall  be  provided  for  by  the  council  making 
such  division. 


REGISTRATION. 


Aldermen  to 

constitute 

board  of 

registration. 

Additional 

member. 


Board  of 
registration 
to  meet  and 
arrange  names 
of  electors. 


(530)  §  2982.  Sec.  3.  The  aldermen  of  each  ward  shall 
constitute  the  board  of  registration  therein,  except  as  in  this 
act  otherwise  provided.  If,  by  reason  of  a  change  of  bound- 
ary of  any  ward,  or  the  formation  of  a  new  ward,  or  the 
formation  of  more  than  one  election  district  in  a  ward,  or 
other  cause,  there  shall  not  be  any  or  a  sufficient  number  of 
aldermen  representing  such  ward  or  residing  within  each 
election  district,  to  constitute  a  board  of  registration  of  two 
persons,  the  council  shall  supply  the  vacancy  or  appoint  a 

Compensation,  board  of  registration  for  the  ward  or  election  district.  The 
members  composing  such  board  of  registration  shall  receive 
two  dolars  per  day  as  compensation. 

See  general  law  for  registration  in  cities,   sections  85-91. 

(531)  §  2983.  Sec.  4.  When  changes  shall  be  made  in 
any  ward  or  wards,  or  a  new  ward  shall  be  formed  in  whole 
or  in  part  from  the  territory  of  other  wards,  or  when  a  ward 
shall  be  divided  into  voting  districts,  the  boards  of  registra- 
tion of  the  respective  wards  or  voting  districts  affected  by  the 
change  shall  meet  previous  to  the  time  prescribed  by  law 
for  giving  notice  of  their  sessions  preceding  the  next  election, 
and  the  name  of  each  registered  elector  known  to  have  been 
transferred  by  such  change  from  one  ward  to  another  ward, 
or  to  a  new  ward,  or  from  one  voting  district  to  another, 
shall  be  copied  into  the  register  of  tlie  ward  or  district  to 
which  the  transfer  was  made,  and  be  striclcen  from  the  reg- 
ister of  the  ward  or  district  from  which  the  elector  was 
transferred  by  the  change. 

(532)  §  2984.  Sec.  5.  When  a  new  ward  or  voting  dis- 
trict shall  be  formed,  the  board  of  registration  thereof,  at 
its  session  next  preceding  the  next  election  therein,  shall 
make  or  complete  a  new  register  of  the  electors  residing 
therein,  and  for  that  purpose  shall  remain  in  session  two 
days,  and  notice  of  the  formation  of  such  ward  or  district, 
and  that  a  new  register  of  the  electors  will  be  made  at  that 
session,  shall  be  given  with  the  notice  required  by  law  to  be 
given  of  such  session  of  the  board. 

Each  ward  toi      (533)      §  2985.      Sec.  6.     Each     ward,    unless    otherwise 
du?rict!^'°°' subdivided,  shall  be  an  election  district.     On  the  Saturday 


Board  to 
make  new 
register. 


Notice  of,  to 
be  given. 


LAWS   RELATING    TO    ELECTIONS.  175 

next  preceding  a  general  election,  and  on  the  Saturday  next 

preceding  the  day  of  the  regular  city  election,  or  any  special 

election,  and  on  such  other  days  as  shall  be  appointed  by  the 

council,  not  exceeding  three  days  in  all,  previous  to  any  such  ^yhen  board 

election,  the  several   boards    of    registration    for    the    city,  to  sit^"* 

except  as  in  this  act  otherwise  provided,  shall  be  in  session  at 

such  places  in  their  several  wards  as  shall  be  desiguated,  as 

hereinafter  provided,  from  eight  o'clock  iu  the  forenoon  until 

eight  o'clock  in  the  afternoon,  for  the  purpose  of  completing 

the  lists  of  the  qualified  voters;  during  which  session  it  shall  Each  quaii- 

be  the  right  of  each  person  then  actually  residing  in  the  ward  have  his  "name 

or  voting  district,  and  who,  at  the    then    next  approaching  ''^s'^'^'^'^'^- 

election  may  be  a  qualified  elector  and  whose  name  is  not 

already  registered,  to  have  his  name  entered  in  the  register 

of  such  ward  or  voting  district. 

(534)  §  298(5.     Sec.  7.     At  least  two  weeks  previous  to  when  council 
the  commencement  of  any  such  session  of  the  several  boards  ^here^board 
of  registration,  the  council  shall  fix  the  place  in  each  wardto^^^t 
and  voting  district  of  the  city  where  the  board  of  registration 

will  meet,  and  at  least  eight  days  before  such  session  of  the  how  notice  of, 
board  the  city  clerk  shall  give  notice  by  handbills  posted  iu  '°  ^'^  ^iven. 
ten  public  places  in  each  ward  or  voting  district,  and  by  pub- 
lication in  one  or  more  newspapers  printed  in  the  city,  of 
the  time  and  place  in  each  ward  or  voting  distinct  when  and 
where  the  board  of  registration  for    such    ward    and  voting 
district  will  meet.     Except  as  in  this  act  otherwise  provided,  General  lawa 
the  general  laws  of  this  state  relating  to  the  registration  of  regtit?a^ion. 
electors  in  cities  shall  apply  to  the  registration  of  electors 
in  cities  incorporated  under  or  made  subject  to  the  provisions 
of  this  act. 

(535)  §  2987.    Sec.  S.    The  boards  of  registration  in  cities  when  board 
incorporated    under    this    act    at    their    sessions    previous  f^^^aHot. 
to  the  general  election  in  November,  in  the  year  one  thou- 
sand eight  hundred  and  ninety-six,  shall  make  a  reregistra- 

tion    of    the    qualified  electors  of  their  respective  wards,  in 
books  of  the  form  provided  by  law.    The  same  rules  shall  be  old  register 
observed  in  such  reregistration  as  are  provided  by  law  for  ^°l}°  ® 
the  registration  of  electors  in  cities;  and  a  like  reregistration 
of  the  electors  of  eacli  ward  shall  be  made  at  the  session  of  the 
board  next  preceding  the  general  election,  in  the  year  nine- 
teen hundred,  and  every  fourth  year  thereafter.    When  such 
new  registry  shall    be    made  the  former  registry  of  electors 
shall  not  be  used,  nor  shall  any  person  vote  at  any  election  in 
such  ward  after  such  reregistration  unless  his  name  shall  be 
registered  in  such  new  register.    Notice  that  such  reregistra-  w'^en  notice 
tiou  is  required  to  be  made  shall  be  given  with  the  notice  of  tiontobe 
I  he  meeting  or  session  of  the  board  at  which  it  is  to  be  made.  ^''*°' 


176 


STATE    OF   MICHIGAN. 


CHAPTER  V. 


What  city 
officers  to  be 
elected. 


Treasurer  to 
hold  but  two 

terms. 


Ward  officers 
to  be  elected. 


City  officers 
to  be  ap- 
pointed by 
mayor. 


Council  may 
provide  for 
appointments 
of  other 
officers. 


Appointments 
to  be  made 
with  consent 
of  council. 


When  ap- 
pointments 
to  be  made. 


What  officers 
to  be  elected 
at  first  elec- 
tion. 


OFFICERS. 

(536)  §  29SS.  Section  1.  In  cities  iucorporated  under 
lliis  act  the  following  city  ofticers.  [viz.]  namely,  a  mayor, 
city  clerk,  city  treasurer,  and  two  justices  of  the  peace,  shall 
be  elected  by  the  (lualified  voters  of  the  whole  city :  Pro- 
vided, That  no  person  shall  be  eligible  to  the  office  of  city 
treasurer  for  more  than  two  terms  in  succession. 

(537 1  §  2989.  Sec.  2.  In  each  Avard  a  supervisor,  two 
aldermen  and  a  constable  shall  be  elected:  Provided,  That 
the  council  of  any  city  reincorporated  under  and  made  sub- 
ject to  the  {)r(jvisioiis  of  this  act,  which  at  the  time  of  such 
i-eincorporation  shall  have  but  two  wards,  may  provide  by 
ordinance  for  the  election  of  two  additional  aldermen,  to  be 
known  as  aldermen  at  large,  and  to  be  elected  by  the  qualified 
electors  of  the  whole  city.  At  the  first  election  held  under 
this  act  one  of  such  aldermen  shall  be  elected  for  a  term  of 
one  year  and  one  for  a  term  of  two  years,  and  annually  there- 
after one  shall  be  elected  for  a  term  of  two  years. 

Att'y   Gen.  v.   Coggsliall,   107/181;    OstraBder  v.   Supervisors,    111/65. 

(538)  5  2990.  Sec.  3.  The  following  officers  shall  be 
appointed  by  the  mayor,  by  and  with  the  consent  of  the  coun- 
cil, [viz.]  namely,  a  city  attorney,  city  marshal,  street  com- 
missioner, city  surveyor,  a  city  assessor  when  i)rovided  for, 
and  a  chief  engineer  of  the  tire  department.  The  council  may 
also,  from  time  to  time,  ju-ovide  by  ordinance  for  the  ap- 
liointmeiit  of,  for  such  term  as  may  lie  jirovided  in  the  ordi- 
nance, such  other  fifficers  whose  eleclion  or  ajijiointment  is 
not  herein  specially  pr(»vided  for,  as  the  council  .^hall  deem 
necessary  for  the  execution  of  the  powers  granted  by  this  act. 
All  such  appointments  shall  be  made  by  the  mayor,  by  and 
with  the  consent  of  the  council,  and  I  heir  powei-s  and  duties 
shall  be  prescribed  by  ordinance,  but  the  mayor  shall  have 
no  vote  in  the  council  on  the  (|uesti'in  of  his  ap])oin(nients 
(if  above  named  officers. 

(.139)  §  2991.  Sec.  4.  Appointments  t<i  ollice,  except 
appointments  to  fill  vacancies,  shall  Iw  made  on  the  first  Mon- 
day of  May  in  each  year;  but  ap])ointmeuts  which  for  any 
cause  shall  not  be  made  on  that  day  may  be  made  by  the 
mayor  and  confirmed  at  any  subsequent  regular  meeting  of 
the  council. 

(.540)  §  2992.  Sec.  5.  At  the  first  election  held  in  any 
city  incorporated  under  this  act,  two  justices  of  the  peace 
shall  be  elected ;  also  two  aldermen  in  each  ward,  but  in 
cities  reincorporated  under  this  act,  the  aldermen  elected 
under  the  fomier  corporation  shall  continue  in  office  for  the 
term  for  which  ihey  were  elected;  and,  at  such  first  election, 


LAWS   RELATING    TO    ELECTIONS.  177 

sudi  uuiiibcr  of  aldermen  only  shall  be  elected,  as  with  those 
coutiiiiiiiij;-    ill    uttice'as    aforesaid,    shall    make    the    requisite 
uuniber  uf  aldermen  as  re(inired  by  this  act,  and  the  terms  of  Terms  of  ai- 
the  aldermen  first  elected  as  aforesaid  shall  be  so  arranged  arranged, 
that  one  alderman   for  each  ward  shall  be  elected  annually 
thereafter.    In  all  such  cities  reincorporated  under  the  pro- when  to 
visions  of  this  act,  the  then  existing  justices  of  the  peace  shall  ot^peacl'"^'^ 
hold  their  offices  until  the  fourth  day  of  July  next  after  such 
first  election,  and  no  longer,  and  at  such  first  election  two  Terms  ot 
justices  of  the  peace  shall  be  elected,  one  for  the  term  of  two  °  '^^°  ■ 
years  and  one  for  the  term  of  four  years  from  the  fourth  day 
of  July   next   thereafter,  and    the    term    for    which   each   is 
elected  shall  be  designated  upon  the  ballots  cast  for  hira,  and 
biennially  thereafter  one  justice  of  the  peace  shall  be  elected 
for  a  term  of  four  years :    Provided,  That  whenever  any  city  Pioviso. 
reincorporated  under  this  act  shall  at  the  time  of  such  rein- 
corporation   have    but    two    justices  of.  the  peace,    whether 
elected    by    wards,    districts,  or  by  the  city  at  large,  such 
justices  shall  hold  their  respective  offices  until^the  expiration 
of  the   term   for  which   they   were  respectively  elected,   and 
thereafter  their  successors  shall  be  elected  for  the  term  of 
four  years  as  provided  in  this  act. 

(541)  §  2993.     Sec.  6.    The  mavor,  citv  clerk,  citv  treas- Terms  of 

'  '  OIT1C6  of  C6r- 

urer,  supervisors  and  constables  shall  hold  their  offices  for  tain  city 
Ihe  term  of  one  year  from  the  second  Monday  in  April  of  the ''''^^®'"'''- 
year  when   elected,   and    until   their   successors   are   qualified 
and  enter  ui>on  the  duties  of  their  offices. 

(542)  §  2994.     Sec.  7.     All    officers    appointed    by    the  t^™  °/^ 
mayor  or  council,  except  officers  appointed  to  fill  vacancies  in  pointed  otti- 
elective  offices,  shall  hobl  their  resjiective  offices  until  the  first  '^^''^■ 
Monday  of  May  next  after  such  aiipointment,  and  until  their 
successors  are  (lualificd  and  enter  upon    the   duties  of   their 

office,  unless   a   diU'crent   teini  of  office  shall   be  provided  in 

this  act,  or  in  the  ordinance  creating  the  office.     Any  officer  Term  of 

elected  to  fill  a  vacancy  shall  hold  the  office  during  the  resi-  ^Ifraney"'"*"' 

due  of  the  feriii  of  olfice  in  which  the  vacancy  occurred,  and 

any  olficer  ajtiKpinled   to   fill   it  vacancy  in  any  elective  office' 

shall  hold  sncli  otlice  until   Ihe  next  annual  city  election. 

(54;!)      5;  2995.     Sec.  S.     .Justices  of  the  iieace  not  elected  When  officers 

..  ■■  •  1      II         J  ji        T     J-  J'  ji     •         ^.  to  enter  upon 

to  fill  vacancies  shall  enter  upon  the  duties  or  their  offices  on  duties. 
fhe  fourth  day  of  July  next  after  their  election.    In  all  other 
cases  officers  shall  enter  n])on  the  duties  of  their  offices  on 
the  second  Monday  of  April  of  each  year,  unless  herein  other- 
wise provided  for. 

QU.\IJFIC.\TIONS.    O.VTH    AND    BOND    OF    OFFICE. 

(544)      g  299G.      Sec.  9.      No   person   shall    be  elected   or  Qualifications 
appointed  to  any  oflice  unless  he  be  an  elector  of  the  city,  and  office"  ""^ 
if  elected  or  appointed  for  a  ward,  he  must  be  an  elector 
thereof;  and  no  jierson  shall  be  elected  or  appointed  to  any 

23 


178 


STATE  OF  MICHIGAN. 


office  in  the  city  who  has  been  or  is  a  defaulter  to  the  city 
or  to  any  board  or  officers  thereof,  or  to  any  school  district, 
county,  or  other  municipal  corporation  of  the  state.  All 
votes  for,  or  any  appointment  of,  any  such  defaulter  shall  be 
void. 

(545)  §  2997.  Sec.  10.  Justices  of  the  peace  elected  in 
any  city  shall  take  and  file  an  oath  of  office  with  the  county 
clerk  of  the  county  in  which  the  city  is  located  within  the 
(>anie  time  and  in  the  same  manner  as  in  cases  of  justices  of 
tiie  peace  elected  in  townships.  All  other  officers  elected  or 
appointed  in  the  city,  shall,  within  ten  days  after  receiving 
notice  of  their  election  or  appointment,  take  and  subscribe 
the  oath  of  office  prescribed  by  the  constitution  of  the  state 
and  file  the  same  with  the  city  clerk. 


When  and 
how  justices 
of  peace  to 
file  oath  of 
office. 


When  other 
officers  to 
take  oath. 


See  section  73. 


When  and 
how  justice 
of  peace  to 
file  security. 


Penalty  for 
not  fiUng. 


When  and 
how  other 
officers  to 
file  security. 


Bond  of  cleric 
to  be  de- 
posited with 
treasurer. 


Sufficiency 
of  sureties. 


Examination 
of  surety. 


When  council 
may  require 
new  bonds. 


(54C)  §2998.  Sec.  11.  Every  justice  of  the  peace,  within 
the  time  limited  for  filing  his  ofiicial  oath,  shall  file  with  the 
county  clerk,  i^entioned  in  the  preceding  section,  the  security 
for  the  performance  of  the  duties  of  his  office,  required  by 
law  in  the  case  of  justices  of  the  peace  elected  in  townships; 
excei)t  that  said  official  bond  or  security  may  be  executed  in 
presence  of,  and  be  approved  by  the  mayor;  and  in  case  he 
shall  enter  upon  the  execution  of  the  duties  of  his  office  before 
having  filed  his  official  oath  and  bond  or  security  and  such 
other  bond  or  security  to  the  city  as  may  be  required  by  law 
or  by  any  ordinance  or  resolution  of  the  council,  he  shall  be 
liable  to  the  same  penalties  as  are  provided  in  cases  of  jus- 
tices of  the  peace  elected  in  townships;  and  every  other  officer 
elected  or  appointed  in  the  city  before  entering  upon  the 
duties  of  his  office  and  within  the  time  prescribed  for  filing 
ills  official  oath,  shall  file  with,  the  city  clerk  such  bond  or  se- 
curity as  may  be  required  by  law  or  by  any  ordinance  or 
requirement  of  the  council,  and  with  such  sureties  as  shall  be 
approved  by  the  council,  for  the  due  performance  of  the 
duties  of  his  office,  except  that  the  bond  or  security  of  the 
clerk  shall  be  deposited  with,  the  city  treasurer. 

(547)  §  2999.  Sec.  12.  The  council,  or  the  mayor,  or 
other  officer  whose  duty  it  shall  be  to  judge  of  the  sufficiency 
of  the  proposed  sureties  of  any  officer  or  person  of  whom  a 
bond  or  any  security  may  be  required  by  this  act  or  by  any 
ordinance  or  direction  of  the  council,  shall  inquire  into  the 
sufficiency  of  such  sureties,  and  may  examine  them  under  oath 
as  to  their  property;  such  oath  may  be  administered  by  the 
mayor,  or  any  alderman,  or  other  person  authorized  to 
administer  oaths.  The  examination  of  any  such  surety  shall 
be  reduced  to  writing  and  be  signed  by  him,  and  annexed  to 
and  filed  with  the  bond  or  instrument  to  which  it  relates. 

(548)  §  3000.  Sec.  13.  The  council  may  also  at  any 
time  require   any  officer,   whether  elected  or  appointed,  to 


LAWS   RELATING    TO   ELECTIONS.  179 

execute  and  file  with  the  clerk  of  the  city,  new  oflScial  bonds 
iu  the  same  or  in  such  further  sums,  and  with  new  or  such 
further  sureties  as  said  council  may  deem  requisite  for  the 
interest  of  the  corporation.    Any  failure  to  comply  with  such  Penalty  for 
requirement  shall   subject  the  ofiBcer  to  immediate  removal  compfy'° 
by  the  council. 

VACANCIES    IN    OFFICE. 

(549)  §  3001.     Sec.  14.     Eesignation  of  officers  shall  be  Resignations 
made  to  the  council.  ,  tocound?.* 

(550)  §  3002.     Sec.  15.     If  anv  oflScer  shall  cease  to  be  when  office 

a  resident  of  the  city,  or  if  elected  in  and  for  a  ward,  shall  lacanl'*''*""' 
remove  therefrom  during  his  term  of  office,  the  office  shall 
thereby  be  vacated.     If  any  officer  shall  be  a  defaulter  the 
office  shall  thereby  be  vacated. 

(551)  §  3003.     Sec.  16.      If     anv     person     elected     or  office  may  be 
appointed  to  office  shall  fail  to  take  and  file  the  oath  of  office,  oath'o?  bond 
or  shall  fail  to  give  the  bond  or  security  required  for  the  due  ""^  '''^''■ 
performance  of  the  duties  of  his  office,  within  the  time  herein 

limited  therefor,  the  council  may  declare  the  office  vacant, 
unless  previous  thereto  he  shall  file  the  oath  and  give  the 
requisite  bond  or  security. 

(552)  §  3004.     Sec.  17.     In   case  any  vacancy  occurs  inwiienand 
the  office  of  mayor,  or  in  any  other  elective  office,  except  jus-  may  If"""^ 
tice  of  the  peace,  constable  and  school  trustee,  as  hereinafter  ™cancy. 
provided,  the  council  may  fill  such  vacancy  by  appointment 

at  any  time  within  twenty  days  after  such  vacancy  occurs,  or 
may,  within  such  time,  call  a  special  election  for  the  purpose 
of  filling  such  vacancy,  as  they  may  deem  for  the  best  interest 
of  the  city.  Vacancies  in  the  office  of  justice  of  the  \teiue  Fiiungpf 
and  constable  shall  be  filled  at  the  next  annual  election  or  at  vacancies. 
a  sjiecial  election  called  for  that  purpose.  Vacancies  in  any 
appointive  office  shall  be  filled  witliin  twenty  days  after  sucli 
vacancy  occurs,  by  the  mayor  by  and  with  the  consent  of  the 
council. 

IVople   V.    Higlilanii    rarlt,   88/051!. 

(553)  §  3005.     Sec.  IS.     The  resignation  or  removal  of  Resignation 
any  officer  shall  not,  nor  .shall  the  appointment  or  election  of  not^t'oexon- 
another  to  the  office,  exonerate  such  officer  or  his  sureties  fiab'ti[y°'" 
from  any  liability  incurred  by  him  or  them. 

(554)  §  3006.    Sec.  19.    Whenever  any  officer  shall  resign  when  officer 
or  be  removed  from  office,  or  tlie  term  for  which  he  shall  c?ty"p'roperty 
have  been  elected  or  appointed  shall  expire,    he    shall,    on  to  successor. 
demand,  deliver  over  to  his  successor  in  office  all  the  books. 

papers,  moneys  and  efi'ects  in  his  custody  as  such  officer,  and 

in  any  way  appertaining  to  his  office;  and  every  person  wil-  Penalty  for 

fully  violating  this  provision  shall  be  deemed  guilty  of  a  mis-  ^'"'^''o" 

demeanor,  and  may  be  proceeded  against  in  the  same  manner 

as  public  officers  may  be  proceeded  against  for  the  like  offense, 

Tinder  the  general  laws   of  this  state  now  or  hereafter    in 


180 


STATE    OF  MICHIGAN. 


force  and  applicable  thereto;  and  every  oflBcer  appointed  or 
elected  iinder  this  act  shall  be  deemed  an  officer  within  the 
meaning  and  provisions  of  such  general  laws  of  the  state. 


CHAPTER  VT. 


When  annual 
city  election 
to  be  beld. 


When  and 
how  special 
may  be  called 


Notice  to 
inspectors  of 
election. 


What  to 
contain. 


When  and 
how  notice  to 
be  given  by 
city  clertc. 


Ballot  boxes, 
how  provided 
and  kept. 


When  polls 
to  be  open. 


ELECTIONS. 

(555)  §  3007.  Section  1.  An  annual  city  election  shall 
be  held  on  the  first  Monday  in  April  in  each  year,  at  such 
place  or  places  in  each  of  the  several  wards  of  tJie  city,  as 
the  council  shall  designate. 

(556)  §  .'500S.  Sec.  2.  Special  elections  may  l>e  appointed 
by  resolution  of  the  council,  and  held  in  and  for  the  city,  or  in 
and  for  any  ward  thereof,  at  .such  times  and  place  or  places 
as  the  council  shall  designate;  the  purpose  and  object  of 
which  shall  be  fully  set  forth  in  the  resolution  appointing 
such  election. 

(557)  §  3009.  Sec.  3.  AVhenever  a  special  election  is  to 
be  held  the  council  shall  cause  to  be  delivered  to  the  inspect- 
ors of  election  in  tlie  ward  or  wards  where  the  same  is  to 
lie  held,  a  notice  signed  by  the  city  clerk,  specifying  the  offi- 
cer or  officers  to  be  chosen,  and  the  question  or  proijosition, 
if  any,  to  be  submitted  to  the  vote  of  the  electors,  and  the 
djiy  and  place  at  wliich  such  election  is  to  be  held,  and  the 
proceedings  and  manner  of  holding  the  election  shall  be  the 
same  as  at  the  annual  elections. 

(558)  §  3010.  Sec.  4.  Xotice  of  the  time  and  place  or 
l)laces  of  holding  any  election  and  of  the  officers  to  be  elected 
and  the  questions  to  he.  voted  upon,  shall,  except  as  herein 
otherwise  jirovided,  be  given  by  the  city  clerk,  at  least  ten 
days  before  such  election,  by  ]>osting  such  notices  in  three 
]iublic  places  in  each  ward  in  which  llie  election  is  to  be  held, 
and  by  publishing  a  copy  thereof  in  one  or  more  newspapers 
])ublished  in  the  city,  llie  same  length  of  lime  before  the  elec- 
lion,  and  in  case  of  a  special  election  the  notice  shall  set 
fc'rth  the  jjurpose  and  object  of  the  election  as  fully  as  the 
same  ai*e  required  to  be  set  forth  in  llie  resolution  appointing 
such  election. 

(559)  §  3011.  Sec.  5.  The  council  shall  provide  and 
cause  to  be  kept  by  the  city  clerk,  for  use  at  all  elections, 
suitable  ballot  boxes  of  the  kind  required  by  law  to  be  kept 
and  used  in  townships. 

(560)  §  3012.  Sec.  G.  On  the  day  of  elections,  held  by 
virtue  of  this  act,  the  polls  shall  be  opened  in  each  ward,  at 
Iho  several  places  designated  by  the  coimcil,  at  seven  o'clock 
in  the  morning  or  as  soon  thereafter  as  may  be.  and  shall  be 
kept  open  until  five  o'clock  in  the  afternoon,  at  which  hour 


LAWS    RELATING    TO    ELECTIONS.  181 

(licv  shall  1)0  finally  rinsed.     Tlio  iiis|(ertoi's  shall  cause  proc-  when  insnect- 
lamation  1u  he  mack'  upon  oppninu'  the  polls,  and  shall  also  prochumftimi. 
cause  proclamation  to  be  made  of  the  closin":  of  the  polls,  one 
hour,  thiriy  minutes  and  fifteen  minutes  I'espectively,  before 
(lie  closiuii'  (heri'of. 

(.j()l)      i;  .'!(ll."!.     8i:c.  7.     The  sujiervisor  and  (wo  aldermen  wiioiocmi- 
of  each  \y;nd  ^^•heu  eligible  and  one  elector  of  the  ward  to  be  of' election'  ' 
ajipointed  by  the  couiu-il  shall,  except  as  in  this  act  otherwise  '"si»'<^tor3. 
provided,  constitute  (he  board  of  inspectors  of  election.     If  How  to  be 

'  f     t        fl  o  Til-      chosen  when 

by  reason  of  the  formation  of  new  wards  or  by  a  change  in  vacancy 
(he  boundaries  of  existing-  wards  or  the  creation  of  more  than  '"''"'"' 
one  election  district  therein,  or  for  any  i-easou  there  shall  not 
be  a  sufficient  number  of  the  officers  last  named  in  any  ward 
or  district  (o  make  a  boanl  of  four  inspectors  for  each  elec- 
tion district,  it  shall  be  (he  du(y  of  the  council,  at  least  one 
vicck  before  the  election,  to  ap])oin(  a  sutflcient  number  of 
inspcctor.s,  mIio,  wi(h  the  officers  above  named,  if  any,  re- 
siding in  the  ward  or  election  district  shall  constitute  a 
board  of  four  inspectoi-s  for  the  Avard  or  district,  and  if  at 
any  election  any  of  the  inspectors  above  provided  for  shall 
not  be  present,  or  remain  in  attendance,  the  electors  x>i'esent 
may  choose,  viva  voce,  such  nmiiber  of  electors,  as  with  the 
insjiector  or  ins])ec(ois  ]iresen(  shall  constitute  a  board  of 
four  in  number,  and  such  electors  so  chosen  shall  be  iuspect- 
ors  at  thai  eleciion,  during  the  continuance  thereof.  Each  Comiiensa- 
iuspector  of  the  eleciion  shall  receive  two  dollars  per  day 
as  compensation. 

.  (562)     §  .3014.     Sep.  S.     The  inspectors  of  election  in  each  who  to  he 
ward  or  voting  district  shall  choose  one  of  their  number  chair-  cie'r'k'of " ""' 
man  of  the  board,  and  shall  designate  one  of  their  number  board. 
to  act  as  clerk  of  the  election,  and  another  of  their  number 
to  act  as  second  clerk,  and  each  person  chosen  or  a])])ointed 
as  inspector  of  election  shall  take  the  constitutional  oath  of 
office,  which  oa(h  either  of  the  insi)ectors  may  administer. 

(5ti3)      S    .301.5.     Skc.    {).     The  inspectoi-s   of  eleciion,   as  inspectors^of 
specified  in  the  last  two  sections,  shall  also  be  inspectors  of  andmstrlct  ^ 
state,  county,  and  district  elections  in  their  respective  ^N^ards  ^'''^''o" 
or  voting  districts. 

(.5(i4)  S  ;>(ll(;.  Sec.  10.  All  elections  held  under  the  pro-  Elections, 
visions  of  this  act,  shall  be  conducted,  as  nearly  as  may  be,  TotvUi^ung. 
in  the  nuinner  i)rovided  by  law  for  holding  general  elections 
in  the  state,  except  as  herein  otherwise  ]>rovided ;  and  the 
insiK'ctors  of  such  elections  shall  have  the  same  powers  and 
authority  for  (he  preservation  of  order,  and  for  enforcing 
obedience  to  their  lawful  conunands  during  the  time  of  hold- 
ing the  election  and  the  canvass  of  the  votes,  as  are  conferred 
by  law  upon  inspectors  of  general  ele(!tions  lield  in  this  state. 

(.")()5|     §  3017.     Sk<'.  11.     The  council  shall,   at  least  ten  EiecUonconi- 
days  jirevious  to  any  election,  ajjjxtint  a  board  of  three  elec-  ™poimment 
(ion  coniniissioneis.  ti()(  more  (han  two  of  whom  shall  lielong  of.  dnties 
(o  (he  same  |)oli(ical   i)arty,  who  shall  be  the  iioard  of  elec- 
iion commissioners  for  such  city  for  such  eleciion,  and  they 


182 


STATE  OF  MICHIGAN. 


Electors  to 
vote  by 
ballot. 


shall  perform  such  duties  relative  to  the  preparation  and 
printing  of  ballots  as  are  required  by  law  of  the  boards  of 
election  commissioners  of  counties. 

(566)  §  301S.  Sec.  12.  The  electors  shall  vote  by  ballot. 
Such  ballot  shall  be  prepared  and  furaished  by  the  board  of 
election  conmiissioners  as  provided  by  the  general  election 
laws  of  the  state,  and  shall  contain  the  names  of  all  officers 
to  be  voted  for,  and  all  questions  or  propositions  submitted 
to  be  voted  upon,  and  all  matters  touching  the  form  and  con- 
tents of  the  ballot  and  the  casting  and  canvassing  of  the 
same,,  and  all  other  matters  touching  elections  shall  be  gov- 
erned by  the  general  election  laws  of  the  state,  when  not 
inconsistent  with  the  provisions  of  this  act. 


See  notes   to  general   law,  sections  122   et  seq. 


Council  to 
meet  and  de- 
termine  result 
of  election. 


Certificate  of 
election. 


Who  to  be 
deemed 
elected. 
In  case  of 
tie  vote. 


Clerk  to 
notify 

person  elected 
or  appointed. 


Failure  to  file 
bond,  clerk  to 
give  notice. 


(567)  §  3019.  Sec.  13.  The  council  shall  convene  on 
Thursday  nest  succeeding  each  election,  at  their  usual  place 
of  meeting,  and  determine  the  result  of  the  election  upon  each 
question  and  proposition  voted  upon,  and  what  persons  are 
duly  elected  at  tlic  said  election  to  the  several  offices  re- 
spectively; and,  thereupon,  the  city  clerk  shall  make  duplicate 
certificates,  under  the  corporate  seal  of  the  city,  of  such  de- 
termination, showing  the  result  of  the  election  upon  any  ques- 
tion or  proposition  voted  upon,  and  what  persons  are  de- 
clared elected  to  the  several  offices  respectively;  one  of  which 
certificates  he  shall  file  in  the  office  of  the  coimty  clerk,  in 
ihe  county  in  which  the  city  is  located,  and  the  other  shall 
be  filed  in  the  office  of  the  city  clerk. 

(568)  §  3020.  Sec.  14.  The  person  receiving  the  great- 
est number  of  votes  for  any  office  in  the  city  or  wards,  shall 
be  deemed  to  have  been  duly  elected  to  such  office;  and  if 
there  shall  be  no  choice  for  any  office  by  reason  of  two  or 
more  candidates  having  received  an  equal  number  of  votes, 
the  council  shall,  at  the  meeting  mentioned  in  the  preceding 
section,  determine  by  lot  between  such  persons  which  shall 
be  considered  elected  to  such  office. 

(569)  §  3021.  Sec.  15.  It  shall  be  the  duty  of  the  city 
clerk,  within  five  days  after  the  meeting  and  determination 
of  the  council,  as  provided  in  section  thirteen,  to  notify  each 
person  elected,  in  writing,  of  his  election;  and  he  shall  also, 
within  five  days  after  the  appointment  of  any  person  to  any 
office,  in  like  manner  notify  such  person  of  such  appointment. 

(570)  §  3022.  Sec.  16.  Within  one  week  after  the  ex- 
piration of  the  time  in  which  any  official  bond  or  oath  of 
office  is  required  to  be  filed,  the  city  clerk  shall  report,  in 
writing,  to  the  council,  the  names  of  the  persons  elected  or 
appointed  to  any  office,  who  shall  have  neglected  to  file  such 
oath  and  requisite  bond  or  security  for  the  perfoi-mance  of 
the  duties  of  the  office. 


LAWS   RELATING    TO   ELECTIONS.  183 


POLICE  JUSTICES  IN  CERTAIN  CITIES. 

[Extract   from  Act  6,  P.  A.   1913.] 

(571)  Sec.  2.     At  the  spriuo-  election  in  nineteen  liundretl  Election, 
fifteen  two  police  justices  shall  be  elected  by  the  qualified   "^' 
electors  of  any  sucli  city  M-hich  shall  be  affected  by  the  pro- 
visions of  this  act,  who  shall  hold  office  for  four  years  from 

the  succeeding-  fourth  of  July,  and  at  the  spring  election  of 
every  fourth  year  thereafter  two  police  justices  shall  be 
elected  and  hold  office  for  a  term  of  four  years  each.  At  the 
spring  election  in  nineteen  hmidred  seventeen  one  police 
justice  shall  be  elected  by  the  qualified  electors  of  any  such 
city,  who  shall  hold  office  for  four  years  from  the  succeeding 
fourth  of  July,  and  at  the  spring  election  of  every  fonrth 
.vear  thereafter  one  police  justice  shall  be  elected  and  hold 
office  for  a  term  of  four  years.  Candidates  for  election  to 
the  office  of  police  justice  in  such  cities  shall  be  nominated 
and  elected  in  accordance  with  the  appropriate  primary  elec- 
tion and  election  laws  from  time  to  time  in  force  in  such 
cities. 

(572)  Sec.  3.     In   any  city  where  the  effect  of  this  act  vacancy, 
shall  be  to  increase  the  number  of  justices  of  the  police  court,  bow'n'iie'tr.'eu-. 
the  office  or  offices  of  the  additional  justice  or  justices  so 

created  shall  be  deemed  to  be  vacant  at  the  time  when  this 
act  goes  into  effect,  and  such  vacancy  or  vacancies  shall  be 
filled  by  appointment  by  the  mayor  and  confirmed  by  the 
legislative  authority  of  said  city.  Such  appointee  or  ap- 
pointees shall  hold  office  for  the  unexpired  tenn  or  terms  of 
such  office  or  offices,  as  fixed  by  this  act.  Such  unexpired 
term  or  terms  shall  continue  until  July  fourth,  nineteen 
hundred  fifteen.  ♦ 


JUDGES  AND  CLERKS  OF  POLICE  COURTS  IN  CERTAIN 

CITIES. 

[Extract  from  Act  353,  P.  A.  1913.] 

(573)     Sec.  2.     The  police  judge  of  said  court  existing  iin-  Present 
der  the  law  at  the  time  this  act  takes  effect,  and  now  officiat-  '"<"""''"'"'• 
ing  in  said  court,  shall  continue  to  hold  his  office  and  exer- 
cise his  powers  and  duties  herein  conferred  under  the  title 
of  police  judge,  until  the  expiration  of  the  fime'for  whicli 
he  was  elected.    At  the  charter  election  in  said  city  or  cities,  when  judge 
coming  under  this  act,  held  in  April,  nineieen  hundred  four-  e'"*^'*"!- 
teen,  a  police  judge  of  said  court  shall  be  elected  to  hold  his 
office  for  the  term  of  six  years  from  and  after  the  first  Mon-  Term 
day  in  ^fay  next  after  liis  election,  and  until  his  successor 
shall    be  elected   and   qualified.     Before  entering  upon   the  oath. 


184 


STATE  OF  MICHIGAN. 


duties  of  his  oflSce  lie  sliall  talie,  svibscribe  and  file  in  dupli- 
cate with  the  fleik  of  said  city  and  with  the  clerk  of  said 
county,  respectively,  the  constitutional  oath  of  office.  He 
shall  be  an  attorney  and  counselor  of  law,  entitled  to  prac- 
tice in  all  the  couiis  of  this  state,  and  a  resident  and  a  quali- 
fied elector  in  the  said  city. 

(.574)  Sec.  3.  The  clerk  of  said  police  court  shall  receive 
an  annual  salary  of  one  thousand  four  hundred  dollars,  to  be 
paid  in  the  same  manner  as  that  of  police  judge,  one-half 
of  which  shall  be  ])aid  by  said  city,  and  one-half  thereof  by 
the  county  in  ^^■hich  said  city  nmy  he  located,  out  of  the 
treasury  of  said  county.  The  present  clerk  of  said  court 
shall  serve  out  the  remainder  of  his  term  and  perform  all 
duties  that  may  be  required  of  him  imder  the  provisions  of 
this  act.  At  the  charter  election  in  said  cities  coming-  un- 
der this  act,  held  in  A])ril,  nineteen  himdred  fourteen,  a 
clerk  shall  be  elected  to  h(il<l  his  office  for  the  term  of  two 
years  from  and  after  the  first  Jlonday  in  May  next  after 
his  election  and  until  his  successor  shall  be  elected  and 
<pialified.  lie  sliall  lie  a  resident  in  and  a  (pialified  elector 
of  the  said  citv. 


Police  clerk, 
salary  of. 


Present 
incumbent. 


When  clerli 
elected. 


ELECTIONS  IN  VILLAGES. 

lExtract    from   Act   3,   P.    .\.    1S95.] 

CHAPTER  I. 


when  board 
of  supervisors 
to  declare 
village  incor- 
porated. 


First  election. 


Meeliiif;  of 
board  of 
registration. 


(575)  ?  2602.  Skc.  9.  If  such  board,  after  hearing  the 
jiarties,  shall  be  satisfied  that  all  the  requirements  of  this 
act  in  respect  to  such  application  have  been  complied  with, 
and  that  such  territory  as  determined  upon  contains  the 
population  requiied  by  this  act,  it  may  make  an  order  de- 
claring that  such  territory  as  determined  upon  shall  be  an 
incorporated  village,  by  tlie  name  specified  in  such  applica- 
tion, or  by  such  other  name  as  to  such  board  shall  seem 
jn'oper;  and  said  board  shall  in  such  order  appoint  the  time 
and  place  of  holding  the  first  election;  and  shall  also  ap- 
point four  discreet  jiersons,  residents  of  such  territory  and 
(pialified  electors  therein,  who  shall  constitute  a  board  of 
registration  for  said  first  election  to  be  held  in  said  village, 
and  who  shall  also  act  as  inspectors  of  election  at  said 
first  election.  The  said  board  of  registration  shall  meet  on 
the  Saturday  next  jn-eceding  said  first  election,  and  shall 
remain  in  session  the  same  hours  required  of  boards  of  reg- 
istration for  general  elections,  and  register  the  names  of  all 
persons  residents  of  said  village,  presenting  themselves  for 
registratidii,  and  having  the  qnalitications  of  voters  at  an- 
nual township  meetings,  due  notice  of  the  time  and  place  of 
which  registration  shall  be  given  by  said  board,  by  posting 


LAWS   RELATING    TO    ELECTIONS.  185 


uotices  thereof  in  Jive  public  places  in  said  village,  at  least 
ten  days  previous  to  said  nieetini;.  Such  application  and 
aliidavit  verifying-  the  same,  with  copy  of  notice  of  hearing 
and  proof  of  the  ]iostiMg  (n-  publishing  of  the  same,  and  nil 
the  proceedings  of  such  board  of  supervisors  touching  such 
incorporation  shall  be  entered  upon  the  records  of  said  board, 
:;nd  all  i)apers  relating  thereto  shall  be  filed  with  the  couuly 
clerk  of  tlie  county  in  which  such  proceedings  are  had  and 
laken,  and  the  county  clerk  of  said  county  shall  thereup(»n 
iiansmit  a  certified  co])y  of  such  order  of  incorporation  to 
tlie  secretary  of  state,  who  shall  (ile  and  record  the  same  in 
his  office.  The  original  order  of  incorjioration,  or  a  certified  Order  of  in- 
co])y  thereof  by  the  county  clerk  of  such  county  or  a  certi-  ™her"Jfii'ed!' 
tied  copy  of  the  copy  thereof  on  file  in  the  office  of  the  sec- 
retary of  state,  by  the  seci-etary  of  state,  shall  be  prima  facie 
evidence  of  such  incorporation  and  of  the  regularity  thereof 
in  all  courts  and  places. 

Am.    1001,    Act    33. 
Si'o    section    105. 

(r>T(!)     ;;  2(i'.n.     Sec.  14.     After  the  first  election  the  clerk  whotoconsu- 
and  two  of  the  trustees,  to  be  appointed  each  year  by  the  boarcro/^egis- 
council,  shall  be  the  village  board  of  registration.     On  the  "■""""'■ 
Saturday  previous  to  the  day  of  holding  any  annual  or  special 
election,  and  on  any  other  days  that  the  council  may  appoint, 
the  board  shall  be  in  session  from  nine  o'clock  in  the  morn- 
ing until  eight  o'clock  in  the  afternoon,  for  the  purpose  of 
completing   the  registration   of  the  electors  of  the   village; 
and  in  case  of  the  absence  of  said  clerk,  or  of  either  of  the 
trustees  so  appointed,  those  who  shall  be  in  attendance  are 
authorized  to  apuoint  some  competent  person  to  fill  the  va- 
cancy occasioned  by  such  absence.     Xotice  of  the  time  and 
])lace  of  holding  such  meeting  shall  be  given  with  the  notice 
of  said  election.     The  members  of  the  board  of  i-egistration 
shall  each  receive  two  dollars  per  day  as  compensation. 

(.■)77)     §  lifiOS.     Sec.  15.     In  making  and  completing  anv  Registration 

to  conform 

such  registration,  the  board  shall  proceed  in  Ihe  same  man-  witii  registra- 
ner  and  confoiin  to  the  same  rules,  as  near  as  may  be,  as  are  {{""n'ih^p"' 
provided  by   law  for  registering  electors  in  townships. 


CHAPTER  II. 

OFFICERS. 


(578)     §  2099.     Section  1.     In  each  village  the  following  village 
officers  shall  be  elected,   viz.,  a  president,    six    trustees,    one  ""'''•"■•''■ 
clerk,  one  treasurer,  who  shall  be  ex  officio  ctillector,  and  one 
tissessor.    The  president  and  trustees  shall  constitute  the  vil- 
lage council. 


186 


STATE  OF  MICHIGAN. 


For  the  provisions  of  the  so-called  "Home  Rule"  act  for  villages,  see  act 
278  of  1909,  as  amended  by  act  71  of  1911  and  act  95  of  1913. 

For  proceedings  relative  to  incorporation  o£  villages  previous  to  tUe  enact- 
ment of  the  "Home  Rule"  act,  see  sections  2684-98,  C.  L.,  1897. 


Term  of 
office. 


Proviso. 


(579)  §  2702.  Sec.  4.  The  president,  clerk,  treasurer  and 
assessor  shall  hold  their  respective  offices  for  the  term  of 
one  year  from  the  second  Monday  of  March  of  the  year  when 
elected,  and  until  their  successors  are  elected  and  qualified 
and  enter  upon  the  duties  of  their  offices:  Provided,  That 
no  person  shall  be  eligible  to  the  office  of  treasurer  for  more 
than  two  successive  terms. 

Village    of    Laurlum   v.   Mills,    129/537. 


Terms  of 
trustees  of 
village. 


Term  of 

appointive 

omcers. 


Qualification 
for  office. 


(5S0)  §  2703.  Sec.  5.  The  trustees  shall  hold  their  offices 
for  the  term  of  two  years  from  the  second  Monday  in  March 
of  the  year  when  elected,  and  until  their  successors  are 
qualified  and  enter  upon  the  duties  of  their  offices;  except 
that  at  the  first  election  held  in  any  village  incorporated 
subject  to  the  provisions  of  this  act,  six  trustees  shall  be 
elected,  three  for  the  term  of  one  year  and  three  for  the  term 
of  two  years  from  the  second  Monday  of  March  in  the  year 
when  elected,  and  annually  thereafter  three  trustees  shall  be 
elected  for  the  term  of  two  years. 

(581)  §  2704.  Sec.  6.  All  appointive  officers,  except 
officers  appointed  to  fill  vacancies  in  elective  offices,  shall  hold 
their  respective  offices  until  the  second  Monday  of  April  next 
after  such  appointment,  and  until  their  successors  are  quali- 
fied and  enter  upon  the  duties  of  their  offices,  unless  a  differ- 
ent term  of  office  shall  be  prescribed  in  this  act,  or  in  the 
ordinance  or  resolution  creating  the  office.  Officers  appointed 
to  fill  vacancies  shall  hold  their  office  until  the  next  annual 
election,  and  until  their  successors  are  elected  or  appointed 
and  qualified.  All  persons  elected  or  appointed  to  office  shall 
enter  upon  the  duties  thereof,  upon  taking  the  oath  of  office 
and  filing  the  requisite  security,  if  any  is  required  of  them. 

(582)  §  2705.  Sec.  7.  No  person  shall  be  elected  or  ap- 
pointed to  any  office  unless  he  shall  be  an  elector  of  the  village. 
And  no  person  shall  be  elected  or  appointed  to  any  office 
in  the  village  who  has  been  or  is  a  defaulter  to  the  village 
or  to  any  board  of  officers  thereof,  or  to  any  school  district, 
county  or  other  municipal  corporation  of  the  state.  All 
votes  for  or  any  appointment  of  any  such  defaulter  shall  be 
void.  All  officers  of  the  village,  elected  or  appointed,  shall 
lake  and  subscribe  the  oath  of  office  prescribed  by  the  con- 
stitution of  the  state,  and  file  the  same  with  the  clerk,  and 
in  case  of  failure  to  do  so,  within  ten  days  after  receiving 
notice  of  their  election  or  appointment,  shall  be  deemed  to 
have  declined  the  office. 


LAWS   RELATING    TO    ELECTIONS.  187 


CHAPTER  III. 

ELECTIONS. 

(5S3)      §  2714.     Section   1.     Aflei-    the    first  election   an  Anmmi 
iiunual  election  of  officers  shall  be  held  on  the  second  Monday  ''''"""' 
in  ^larch  in  each  year,  at  such  place  in  the  village  as  the 
council  .shall  designate. 

(584)  §  2715.      Sec.  2.      Special    elections    may    be    ap-  special 
pointed  by  resolution  of  the  council,  and  held  at  such  times*""""' 
as  they  shall  determine,  the  purpose  and  object  of  which  shall 

be  fully  set  forth  in  the  resolution  appointing  such  election. 

(585)  §  2716.  Sec.  3.  The  president  and  clerk,  and  two  who  to  be 
of  the  trustees,  or  any  four  of  the  trustees,  to  be  appointed  o"''eiecUon. 
by  the  council,  shall  be  the  inspectors  of  election.  The  presi- 
dent, when  present,  shall  be  chairman  of  the  board  of  election 
inspectors,  and  the  clerk,  if  present,  shall  act  as  clerk  of  the 
election,  and  the  inspectors  shall-  appoint  one  of  their  num- 
ber to  act  as  second  clerk.     In  case  four  of  the  inspectors  do 

not  attend  at  the  opening  of  the  polls,  or  shall  not  remain  in 
attendance,  such  vacancy  shall  be  filled  as  provided  by  the 
general  election  laws  of  the  state,  and  in  case  either  the 
president  or  clerk,  or  both  of  them,  are  absent,  the  inspectors 
shall  designate  from  their  number  a  chairman  and  a  clerk. 
Each  inspector  of  election  shall  receive  as  compensation  two  compensation 

,    ,,  '        ,  of  inspectors. 

dollars  per  day. 

People    V.    .ivory,    102/573. 

(586)  §  2717.     Sec.  4.     Notice  of  the  time  and  place  of  Notice  of  time 
holding  any  election,  and  of  the  officers  to  be  elected,  and  the  e[ect'iou"to 
(juestions  to  be  voted  upon,  shall,  except  as  herein  otherwise  i"'  puijiisiied. 
provided,  be  given  by  the  clerk,  at  least  eight  days  before  such 
election,  by  posting  such  notices  in  three  public  places  in  the 

village,  and  by  publishing  a  copy  thereof  in  a  newspaper  in 
the  village,  if  any  is  published  therein,  the  same  length  of 
time  before  the  election;  and  in  case  of  a  special  election,  the 
notice  shall  set  forth  the  purpose  and  object  of  the  election  as 
fully  as  the  same  are  required  to  be  set  forth  in  the  resolution 
appointing  such  election. 

Highland   Park  v.   Mc.ilpino,    117/608. 

(587)  §  2718.     Sec.  5.     The  council  shall,  at    least    ten  council  to  apj 
days  previous  to  any  election,  ajipoiiit  a  board  of  three  elec-  ekcuoi'i'""^ 


tion  commissioners,  not  more  than  two  of  whom  shall  belong  ™='^'" 
to  the  same  political  party,  who  shall  be  the  board  of  election 
commissioners  for  such  village  for  such  election,  and  they 
shall  perform  such  duties  relative  to  the  preparation  and 
printing  of  ballots  as  are  required  by  law  of  the  boards  of 
election   commissioners  of  counties.     The  council  shall  also 


1  com 
ners. 


188 


STATE   OF  MICHIGAN. 


Opening 
and  closing 
of  polls. 


provide  and  cause  to  be  kept  by  the  clerk,  for  use  at  all  elec- 
tions, suitable  ballot  boxes  of  the  kind  required  by  law  to 
be  kept  and  used  in  townships. 

(588)  §  2719.  Sec.  6.  On  the  day  of  elections,  the  polls 
shall  be  opened  at  seven  o'clock  iu  the  morning,  or  as  soon 
thereafter  as  may  be,  and  shall  be  kept  open  until  five  o'clock 
in  the  afternoon,  at  which  hour  they  shall  be  finally  closed. 
The  inspectors  shall  cause  proclamation  to  be  made  upon 
opening  the  polls,  and  shall  also  cause  proclamation  to  be 
made  of  the  closing  of  the  polls,  one  hour,  thirty  minutes, 
and  fifteen  minutes,  respectively,  before  the  closing  thereof. 

(589)  §  2720.  Sec.  7.  All  elections  in  said  village  shall 
be  conducted  as  nearly  as  may  be  in  the  manner  provided  by 
law  for  holding  general  elections  in  the  state,  except  as 
herein  otherwise  provided;  and  the  inspectors  of  such  election 
shall  have  the  same  powers  and  authority  for  the  preservation 
of  order,  and  for  enforcing  obedience  to  their  lawful  com- 
mands during  the  time  of  holding  the  election  and  the  canvass 
of  the  votes,  as  are  conferred  by  law  upon  inspectors  of 
general  elections  held  in  this  state.  If  at  any  election  vacan- 
cies are  to  be  filled,  or  if  any  person  is  to  be  elected  for 
less  than  a  full  term  of  office,  the  term  shall  be  designated  on 
the  ballot. 


Manner  of 
conducting 
elections. 


See  notes  to  sections   of  the   general  election  law,  sections   122  et  seq. 


Canvass  of 

votes  to  be 
public. 


Certificate 
ot  election. 


(590)  §  2721.  Sec.  S.  Immediately  after  closing  the 
polls,  the  inspectors  of  election  shall,  without  adjourning, 
iniblicly  canvass  the  votes  receired  by  them,  and  declare  the 
results,  and  shall  on  the  same  day  or  the  next  day  make  a 
statement  in  writing,  setting  forth  iu  words  at  full  length, 
the  whole  number  of  votes  given  for  each  office,  the  names  of 
the  persons  for  whom  such  votes  for  each  ofiice  were  given, 
and  the  number  of  votes  so  given  for  each  pei-son,  and  the 
whole  number  of  votes  given  upon  each  question  voted  upon, 
and  the  number  of  votes  for  and  against  the  same,  which 
statement  shall  be  certified  under  the  hands  of  the  inspectors 
to  be  correct,  and  they  shall  deposit  such  statement  and  cer- 
tificate on  the  day  of  election,  or  on  the  next  day,  together 
with  said  poll  lists,  and  the  register  of  electors,  and  the  boxes 
containing  said  ballots  in  the  office  of  the  village  clerk.  The 
manner  of  canvassing  said  votes  shall  be  the  same  as  pre- 
scribed by  law  for  canvassing  votes  at  general  elections  held 
iu  this  state,  and  the  inspectors  shall  in  all  other  respects, 
except  as  herein  otherwise  provided,  conform  as  nearly  as 
may  be  to  the  duties  required  of  inspectors  of  election  at 
ceneral  elections. 


22.     Sec.  9.     The   council    shall    convene    on 


Council  to  fie-         (591)        §    '^t--. 

ol^ec'tion';^""  Thursday  next  succeeding  each  election,  at  their  usual  place 
of  meeting,  and  determine  the  result  of  the  election  upon 
each  question  and  proposition  voted  upon,  and  what  persons 


LAWS   RELATING    TO   ELECTIONS.  189 

were  duly  elected  at  the  said  election  to  the  several  offices 
respectively;  and  thereupon  the  clerk  shall  make  duplicate 
certificates  of  such  determination,  showing  the  result  of  the 
election  u])on  any  (jucstion  or  proposition  voted  upon,  and 
what  persons  are  declared  elected  to  the  several  offices  re- 
spectively ;  one  of  which  certificates  he  shall  file  in  the  office 
of  the  county  clerk  of  the  county  in  which  the  village  is 
located,  and  the  other  shall  be  filed  in  the  office  of  the  village 
clerk. 

(592)  ^  2723.     Sec.  10.     If  there  shall  be  no  choice  for  in  case  of  tie, 

„,       ',  ,.    ,  1-1    i         1         •  council  to 

any  office  by  reason  ot   t^wo  or  more   candidates   having  le   determine 
ceived   an  equal   number  of  votes,  the   council   shall   at  the ''■^' '°' 
meeting  mentioned   in   the   preceding  section,   determine   by 
lot  between  such  persons  which  shall  be  considered  elected 
to  such  office. 

(593)  §  2724.     Sec.  11.    It  shall  be  the  duty  of  the  clerk,  village cierk 
within  five  days  after  the  meeting  and  determination  of  the  sons°eiecte" 
coumil,  as   provided   in  this   chapter,  to  notify  each   pei'sou 
elected,  in  writing,  of  his  election ;  and  he  shall  also,  within 

five  days  after  the  appointment  of  any  person  to  any  office,  in 
like  manner  notify  such  person  of  the  appointment. 

(504)     §  2725.     Sec.  12.    Within  one  week  after  the  expi- cierk  to  report 
ration  of  the  time  in  which    any    official    bond    or    oath    of  ctrs'tofite 
office  is  required  to  be  filed,  the  clerk  shall  report  in  ^vriting  "^''^ '"''"'"''■ 
to  the  council  the  names  of  all  persons  elected  or  appointed 
to  any  office,  who  shall  have  neglected  to  file  such  oath  or 
bond. 

(595)  §  2726.  Sec.  13.  The  council  of  any  village  hav-  Division  of  vu- 
ing  more  than  six  hundi-ed  and  fifty  electors  according  to  the  inf^recinSs" 
poll  list  of  the  last  preceding  election,  may  cause  such  vil- 
lage to  be  divided  into  two  or  more  voting  precincts,  and  the 
manner  of  making  such  division,  the  registration,  and  holding 
of  elections  and  of  canvassing  the  votes,  and  all  other  matters 
pertaining  to  the  division  of  villages  into  voting  jirecincts, 
and  of  the  holding  of  elections  therein,  shall  be  governed  by 
the  general  laws  of  the  state  relating  thereto. 


190 


STATE  OF  MICHIGAN. 


CHAPTER  XIII.— MISCELLANEOUS. 


Voting  ma- 
chines, use  of, 
at  elections. 


Board  may 
purchase, 
etc.,  voting 
machines. 


Voting  ma- 
chines, con- 
struction of. 


VOTING  MACHINES. 

^1nt'i/°>,  "jy?'""  ^°\^^^  ''^'"°^'  registering,  recording  and  count- 
^!5.      I  ,^T-°.''-''°'^1  ^'  ^°^   "-"'^>'  °''   special  election  held  in 
the  state  of  Michigan,  by  means  of  voting  machines;  to  provide  for 
the  purchase  of  same  and  to  repeal  all  acts  or  parts  of  acts  incon- 
sistent herewith. 

[Act   287,    P.    A.    1907] 

The  People  of  the  State  of  Michigan,  enact: 

(596)  Section  1.     At  all  .state,  coiintv,  citj,  village  and 
township  election.?  hereafter  held   in  the 'state  of  Michio-an 
ballots  or  votes  may  be  cast,  registered,  recorded  and  counted 
by  means   of  voting  machines,  a.s   hereinafter  provided. 

,^?\?„  T-*^  .r^'^H^t,  '■''  ^^^  "^"^  of  t'Je  "Rhines  Vote  Recorder "  "Mvers  Ba! 
lot  Machine"  and  the  "Abbott  Votin?  Machine,"  .ire  omitted  from  thYs  com 
pilation,    see  sections   375n-3R23,    C    ll     1897  "mnieu   nom   tnis    com- 

This   act    refer.s    to    elections  '.at  'which    persons    are    given    miljlic    offlres    bv 
a    plurality    of    the    votes    of    nil    the    electors    voting    the™at     and    does    not 

Com-r"''l54/3"9  "'A^ot'eSw'''''';?'^  "^  P.^-'"'""'^  ele'ctions.-Line"  v. ''Elect^n 
v,oin  rs,    104 /di9.      A    vote   by   voting   mach  ne    is    a   nroner   vote   bv    hqllnt 

Sa?hSe/1.Vp'r1mar'!v"*el'ectio^s.''^*sfe  ITc^ZTeill'^^'"''^  '""^    "^^   "'   ^"""^ 

(597)  Sec.  2.  Hereafter  the  board  of  supervisors  of  any 
county,  the  common  council  of  anv  incorporated  citv  oi-  vil- 
lage, or  the  township  board  of  any  town.ship  in  the 'state  of 
Michigan,  may.  by  a  majority  vote,  authorize,  purcha.se  and 
order  the  use  of  any  thoroughly  tested  or  reliable  voting 
machine  in  any  one  or  more  voting  precincts  within  said 
county,  city,  village  or  township  until  otherwise  ordered  by 
the  officers  adopting  the  same. 

Am.    1909,   Act   214. 

(598)  Sec.  3.  A  voting  machine  to  be  purcha.sed  as  pro- 
vided in  section  two  of  this  act  must  be  so  constructed  as  to 
provide  facilities  for  voting  for  the  candidates  of  at  least 
seven  different  parties  or  organizations,  and  must  permit  all 
voters  to  vote  for  any  person  for  any  office  although  not  nom- 
inated as  a  candidate  by  any  party  or  organization,  and  must 
permit  voting  in  secrecy.  It  shall  also  be  so  constructed  that 
votes  may  be  cast  thereon  for  constitutional  amendments  or 
any  other  public  measure;  it  must  also  be  so  constructed  as 
to  provide  for  at  lea.st  thirty  candidates  for  each  party  or- 
ganization at  any  and  all  elections  and  said  machine  must  be 
constructed  of  good  and  durable  material  in  a  workmanlike 


LAWS    RELATING    TO    ELECTIONS.  191 

mannpi",  and  also  so  constructed  tliat  it  can  l)c  easily  and  con- 
veniently ojierated  by  inspectors  of  election  and  the  voters; 
it  mnst  also  be  so  constructed  as  to  prevent  votino;  for  more 
than  one  jierson  for  the  same  oflice,  except  where  the  voter  is 
entitled  to  vote  for  more  than  one  person  for  that  office,  and 
it  mnst  afford  him  an  opportunity  to  vote  for  any  and  all  per 
sons  for  that  office  as  he  is  by  law  entitled  to  vote  for  and 
no  more,  at  the  same  time  preventinjr  his  votinr;*for  the  same 
person  twice.  It  mav  also  be  provided  witli  one  ballot  in  each  Ballots  tor 
column  containing  the  words  "Presidential  Electors,"  pre-  electors. 
ceded  by  the  party  name,  and  a  vote  for  such  ballot  shall 
operate  as  a  vote  for  all  the  candidates  of  such  party  for 
presidential  electors. 

.\ra.   Extra   Session,    1907,   Act  7. 

(509)     Sec.  4.     The  board  of  supervisors  of  any  county,  the  J^^ovWe'" 
common  council  of  any  city  or  villajje,  or  the  township  board  machines. 
of  any  township  adopting  a  voting  machine,  shall  as  soon  as  repair,"etc. 
practicable  thereafter,  provide  for   each    election    district,    a 
voting  machine  in   comiilete  working  order  and  shall  there- 
after   keep    the    same    in  repair  and  shall  have  the  custody 
thereof,  and  of  the  furniture  and  equipment  of  the  polling 
place  when  not  in  use  at  an  election.    If  it  shall  be  imprac- 
ticable to    supply    each    and    e\ery    election  district  with  a 
voting  machine  at  any  election  following  such  adoption,  as 
many  may  be  supplied  as  it  is  practicable  to  procure,  and 
the  same  may  be  used  in  such  election  district  or  districts 
within  the  county,  city,   village  or  township  as  the  officers 
adopting  same  may   determine.    More  than  one  voting  ma- 
chine may  be  provided  and  used  in  any  election  precinct. 

Am.    1909,    Act  214. 

(600)  Sec.  5.  The  boarrf  of  supervisors  of  any  county,  the  ^^^j^"® 
common  council  of  any  city  or  village,  or  the  township  board 
of  any  township  on  the  adoption  and  purchase  of  voting 
machines  may  provide  for  the  payment  thereof  in  such  man- 
ner as  they  deem  for  the  best  interest  of  the  county,  city, 
village  or  township,  and  may  for  that  purpose  issue  bond 
certificates  of  indebtedness  or  other  obligations  which  shall 
be  a  charge  on  the  county,  city,  village  or  township,  as  the 
case  may  be.  Such  bonds,  certificates  or  other  obligations  How  issued, 
may  be  issued  with  or  without  interest,  payable  at  such  time 
or  times  as  the  authorities  may  determine,  but  shall  not  be 
issued  or  sold  at  less  than  par.  It  is  further  provided  that  Refunding. 
in  case  any  city,  village  or  township  of  a  county  in  which 
the  use  of  voting  machines  shall  have  been  determined  upon 
by  the  board  of  supervisors,  shall  have  previously  purchased 
voting  machines,  such  city,  township  or  village  shall  have 
returned  to  it  from  the  general  fund  of  said  county,  such 
pro  rata  amount  of  the  whole  cost  for  the  county  as  the 


192 


STATE  OF  MICHIGAN. 


number  of  voting  prpcincts  so  previously  provided  by  any 
such  city,  township  or  village,  bears  to  the  whole  uumber 
in  the  county,  but  not  exceeding  the  amount  previously  paid 
by  any  such  city,  township  or  village. 

Am.    Id. 


Ballot 
labels. 


Arrangement 
ot  names. 


.\meQdments. 


Vignettes. 


Ballot  slips. 


(601)  Sec.  0.  All  ballot  labels  shall  be  printed  in  black 
ink,  on  clear  white  material  of  such  size  as  will  tit  the  ballot 
frame  and  in  plain  type  as  tlie  space  will  reasonably  permit. 
The  party  vignette  and  the  name  for  each  political  party 
represented  on  the  machines  shall  be  prefixed  to  the  name  of 
the  candidates  for  such  party.  The  names  of  candidates  for 
offlce  to  be  voted  for  at  sucli  election  shall  be  placed  upon 
sucli  machines  in  the  .same  cn-der  that  tlie  names  of  candi- 
dates for  office  are  now  required  to  be  placed  upon  printed 
ballots  by  the  general  election  law.  Where  candidates  for 
local  offices  in  any  city,  village  or  township  are  to  be  voted 
for  at  the  same  election  with  state  or  county  candidates, 
the  names  of  the  candidates  for  such  offices  shall  be  placed 
last  upon  such  voting  machines,  following  the  name  of  can- 
didates for  state,  county  and  other  offices  to  be  voted  for 
at  such  election.  The  order  in  which  the  names  of  such  can- 
didates for  local  offices  shall  be  placed  upon  such  machines 
shall  be  prescribed  by  the  board  of  election  commissioners 
of  the  city,  village  or  township,  as  the  case  may  be.  Where 
amendments  to  the  constitution  or  other  questions  are  to  be 
voted  on,  such  amendments  or  questions  shall  be  placed  on 
the  voting  machine,  upon  the  portion  of  the  keyboard  pro- 
vided therefor.  Two  or  more  independent  nominations  may 
be  placed  upon  the  same  party  row  and  such  candidates  shall 
be  voted  for  individually.  The  party  lever  or  device,  if  any, 
in  connection  with  such  party  row,  shall  be  locked  whenever 
such  party  row  does  not  contain  the  names  of  candidates 
of  a  party  organization  or  the  nrfmes  of  an  independent  body 
wliich  may  have  nominated  candidates  for  more  than  one 
office.  The  vignettes  adopted  for  such  independent  candi- 
dates, if  any,  shall  be  printed  upon  the  ballot  labels  in  con- 
nection with  the  names  of  such  candidates.  Where  voting 
machines  are  purchased  or  are  used  the  election  commis- 
sioners of  the  county,  city  or  village  or  township  shall  not  be 
required  to  print  and  furnish  paper  ballots  for  election  dis- 
tricts using  voting  machines,  except  for  any  question  or  mat- 
ter that  cannot  be  provided  for  by  the  voting  machines.  The 
board  of  election  commissioners  of  the  county,  shall  cause  to 
be  ])rintcd  ballot  labels  or  slips  containing  the  names  of  can- 
didates for  all  offices  to  be  voted  for  or  questions  to  be  voted 
upon,  except  when  the  city,  village  or  township  officials  only 
are  to  be  elected,  at  which  time  the  city,  village  or  township 
clerk  shall  provide  such  ballot  labels  for  use  upon  such  voting 
machines,  and  shall  forward  the  same  to  the  board  of  election 
commissioners  of  each  city,  village  or  township  within  the 


LAWS    RELATING    TO    ELECTIONS.  193 

coiiuly  where  sucli  voting  iiiacliiiics  are  used  al^  least  five 
secular  days  before  the  day  of  eleclion  :  Provided,  That  when-  I'mvisu. 
ever  local  otticers  are  1o  he  elecfed  at  any  such  uencral  elec- 
lion, it  shall  be  the  duty  of  the  city,  township  or  village  clerk, 
respectively,  to  file  with  the  board  of  election  commissioners 
of  the  county,  the  titles  of  offices,  the  names  of  all  the  candi- 
dates to  be  voted  for,  and  all  questions  or  propositions  to 
be  voted  upon  within  such  city,  township  or  village,  at  that 
election. 

Am.    Id. 

((J02)     Sec.  7.     Two  additional  sets  of  ballot  labels  .shall  BaiioWabeis, 
be  i)rovided  for  each  jtollin"-'  i)lace  for  each  election  for  use  sets  to  be 
on  the  voting-  machine  and  the  same  shall  Iw  delivered  by  the  rrovuieii. 
Imard  of  election  commissioners  (o  the  election  board  of  each 
\(itiug   precinct.     Euvelojies  for  the   delivery   and   return   of 
the  keys   of  the  voting   machine  shall   be   furnished   by   the 
county   clerk   upon    which    shall    Im    printed   or    written    the 
number  of  the  machine,  the  ward  or  ])recinct  and  the  record 
of  the  protective  counter,  if  any,  and  the  numbers  of  the  seals 
before  and  after  the  election;  ench  of  which  shall  l)e  correctly 
filled  out  and  be  delivered  to  the  ]iro]ier  board  or  official.     In  instruction 
all  general  or  city  elections  where  voting  niacliines  are  used 
there  shall  be  furnished  by  the  board  of  eleclion  commission- 
ers of  the  county,  to  the  election  board  in  each  such  precinct 
in  the  county,  a  sufficient   number  of  instruction  ballots   of 
tlie  reduced  size,  .showing  the  key  board  of  the  voting  machine 
as  it  will  appear  after  the  official  ballots  are  arranged  for 
voting  on  election  day  with  the  titles  of  offices,  names  of  can- 
didates, questions,  etc.,  and  with   illustrations  and  brief  in- 
stnictions  how  to  vote. 

Am.    Id. 

(603)  Sec.  7a.  One  of  such  models  containing  fictitious  Machinu 
names  of  candidates  must  be  delivered  to  each  board  of  elec-  m^'™'^"''"^' 
tions  for  use  on  election  day  and  one  of  said  board,  or  some- 
one appointed  by  them,  shall  offer  to  exhibit  and  explain  the 
operation  of  the  voting  machine  by  use  of  the  model,  to  each 
voter  before  such  voter  shall  be  allowed  to  pass  within  the 
guard  rail  to  vote.  Printed  instructions  how  to  vote,  circu- 
lated to  voters,  must  conform  to  the  instructions  approved 
by  tjie  official  jiroviding  ballots,  and  adapted  to  the  machine 
used. 

Added  Id. 

(•504)      Sec.  7b.     The  clerk  of  each  county  in  which  voting  county  clerk, 
machines  are  to  be  used,  in  whole  or  in  part,  shall  cause  tiie  relauve'to 
jiroper  ballot  labels  to  be  placed  on  the  machines  and  the  machines,  etc. 
machines  in  every  way  put  in  order,  set  and  arranged,  ready 
for  use  in  voting  at  such  election ;  and  for  the  purpose  of  so  To  employ 
labeling,  putting  in  order,  setting  and  arranging  the  machine,  '"s'tx^'^n^- 
25 


194 


STATE  OF  MICHIGAN. 


When  super- 
intendent, 
etc.,  to  act  as 
custodian. 


Duties. 


Election 
commission- 
ers, duties, 
etc. 


shall  employ  one  or  more  competent  persons  who  shall  be 
kno^\Ti  as  voting  machine  custodian  or  custodians,  who  shall 
be  swora  to  perform  their  duties  honestly  and  faithfully,  and 
for  such  purpose  shall  be  considered  as  officers  of  election 
and  shall  be  paid  for  the  lime  spent  in  tlie  discharge  of 
their  duties,  in  the  same  manner  as  other  election  officers 
are  paid.  In  counties  where  elections  are  in  charge  of  a 
superintendent  of  elections,  the  suijerintendent  and  his  dep- 
uties shall  act  as  such  custodians.  In  cities  where  there  are 
more  than  twenty  voting  machines,  more  than  one  custodian 
shall  be  appointed,  who  shall  be  selected  from  the  two  politi- 
cal parties  entitled  to  representation  on  a  board  of  election 
officers.  Said  custodian  or  custodians  shall,  under  the  direc- 
tion of  the  said  county  clerk,  cause  the  machines  to  be  prop- 
erly labeled,  put  in  order,  set  and  arranged.  In  preparing 
a  voting  machine  for  an  election,  the  custodian  shall,  accord- 
ing to  the  printed  directions  furnished,  arrange  the  machine 
and  the  ballots  therefor  so  that  it  will  in  every  particular 
meet  the  requirements  for  voting  and  counting  at  such  elec- 
tion, and  thoroughly  test  the  same.  Before  preparing  the 
voting  machines  for  any  election,  written  notice  shall  be 
mailed  to  the  election  commissioners  of  the  city  or  township 
in  which  the  machine  or  machines  ai'e  to  be  used,  stating  the 
time  and  place  where  the  machines  will  be  prepared,  at  which 
time  such  election  commissioners  shall  be  afforded  an  oppor- 
tunity to  see  that  the  machines  are  in  proper  conditions  for 
use  in  the  election.  Such  election  commissioners  shall  be 
swoi'n  to  faithfully  perform  their  duties  and  shall  be  re- 
garded as  election  officials  but  shall  not  interfere  with  the 
custodian  or  assume  any  of  his  duties.  When  a  machine  has 
been  prepared  for  the  election,  it  shall  be  the  duty  of  such 
election  commissioners  to  make  a  certificate  in  writing,  which 
shall  be  filed  in  the  office  of  the  coiraty  clerk,  stating  the 
number  of  the  machine,  the  location  of  the  polling  place, 
whether  or  not  all  the  candidates  and  question  counters  and 
the  public  counter  are  set  at  zero,  the  number  registered  on 
the  protective  counter,  if  one  is  provided,  and  the  number  of 
the  metal  seal  with  which  the  machine  is  sealed.  Imme- 
diately after  the  election  commissioners  of  each  city  or  town- 
ship, respectively,  have  inspected  and  certified  to  the  correct 
preparation  of  each  of  the  voting  machines  to  be  used  within 
the  city  or  township,  within  which  they  are  authorized  to 
act,  the  custodian  shall  seal  each  of  said  machines  with  a  num- 
bered metal  seal  and  sliall  make  out  a  similar  statement  cer- 
tifying to  the  correct  adjustment  of  each  of  such  machines 
and  such  certificate  shall  he  signed  by  the  custodian  and  filed 
in  the  office  of  the  recorder  or  clerk  of  the  city  or  towii.ship 
in  which  such  machine  or  machines  are  to  be  used.  Each 
voting  machine  shall  be  furaished  with  a  lantern  or  other 
device  for  lighting,  which  shall  give  sufficient  light  to  enable 
voters  while  in  the  booth  or  other  enclosure  to  read  the  bal- 
lot labels,    and   suitable   for   use  bv   the  election   officers   in 


Certificates, 
what  to  state. 


When  ma- 
chines to 
be  sealed. 


LAWS    RELATING    TO    ELECTIONS.  195 

examining  the  countere  of  the  machine.    It  shall  be  the  duty  when 
of  the  election  commissioners  under  the  direction  of  the  custo     '"^<^'^<='  • 
dian,  to  cause  the  votino;  nmchines   to  be  delivered  at  the 
respective  polling  places  in  whicli  they  are  to  be  used  at  least 
one  hour  before  the   time  set  for  opening  the  ])olls:     Pro-  Proviso, 
vided,  That  police  protection  shall  be  furnished  by  the  local  fecUoiu™' 
authorities  whenever  the  officers  charged   with  the  duty  of 
preparing  such  machines  shall   deem  such  protection  neces- 
sary to  prevent  possible  injury  of  any  one  or  more  voting  ma- 
chines, but  such  machines  shall   at  all  times  be  under  the 
supervision  of  such  officer,  except  during  the  hours  prescribed 
by  law  for  voting  on  election  day. 

Artdod   Id. 

((505)     Sec.  7c.     At  least  ten  davs  prior  to  each  election,  instructions 
the  custodian  or  custodians  of  the  voting  machines  shall  in-  chines,  etc., 
struct  each  board  of  election  inspectors  that  is  to  sen-e  in  an  gi^vCTi""" 
election  district,  in  the  use  of  the  machine,  and  in  the  duty 
of  inspectors  of  election,  in  accordance  with  the  law  and 
tlie  printed  instructions  suitable  to  the  machine  used,  copies 
of  which  printed  instructions  shall  be  mailed  to  each  election 
officer  prior  to  the  time  set  for  such   instruction  meetings. 
The  custodian  shall  give  to  each  inspector  of  election,  that 
has  received  such  instruction  and  is  fully  qualified  to  prop- 
erly conduct  the  election  with  the  voting  machine,  a  certi- 
ficate to  that  effect.     For  the  purpose   of  giving  such   in-  ,'J',f®\'"'J,'^^|| 
struction,  the  custodian  shall  call  such  meeting  or  meetings 
of  the  inspectors  of  election    as  shall  be  necessary.     Such  Report. 
custodian  shall  without  delay  thereafter  file  a  report  with  Ttate.  ° 
Ihe  board  or  official  in  charge  of  elections  stating  that  he  has 
instructed  the  election  officers,  giving  the  names  and  post- 
office  addresses  of  such  election   officers  and  the  time  and 
jilace  where  such  instruction  was  given.     T*he  inspectors  of 
election  of  each  election  district  in  which  a  voting  machine 
is  to  be  used,  shall  attend  such  meeting  or  meetings  as  shall 
be  called  for  the  purpose  of  receiving  such  instructions  con- 
cerning their  duties  as  shall  be  necessary  for  the  proper  con- 
duct of  the  election  with  the  voting  machine.    Each  inspector  inspector, 
of  election  that  shall  qualify  for  and  serve  in  the  election  P^y'"'^"'<'f 
shall  be  paid  one  dollar  for  the  time  spent  in  receiving  such 
instruction  in  the  same  manner  and  at  the  .same  time  as  fce 
is  paid  for  his  services  on  election   day.     No   inspector  of  who  may 
election  shall  serve  in  any  election  at  which   a  voting  ma-  ^'^"''' 
chine  is  used,  unless  he  shall  have  received  such  instruction 
and   is   fully  qualified  to  perform   his  duties  in   connection 
with  the  machine,  and  has  received  a  certificate  to  that  effect 
from  the  custodian  of  the  machines:     Provided,  That  this  Proviso, 
shall  not  prevent  the  appointment  of  an  inspector  of  election  '^^'^^'■'^y- 
to  fill  a  vacancy  in  an  emergency. 

.Vildoil   Id. 


196 


STATE    OP    MICHIGAN. 


Ballot  clerks, 
etc.,  may  be 
(lisponseil 
with. 

Duty  of 
inspectors 
before  open- 
ing of  polls. 


Instruction 
carils.  where 
posted. 


Keys  to  be 
delivered 
in  sealed 
envelope. 


When  to  be 
opened. 


When  slerk 
etc.,  to  re- 
examine 
machine. 


When  cou 
ters  to  be 
examined. 


^'Vei?;^'"^:^ "'  '?i;?;S-torS^^- election  and  poll  clerk. 

least  a  half  hour  before  the  me  «f  /«; /fj^  ^^^^^^e"  within 
polls  at  such  election,  and  «l^«l\.P\^,f„7  *^Mne  ^^^^^  con- 
?he  gn^ard  rail  the  fm-ninire   and  ^^^^^^^^^^  ^,^^,1  ,,,, 

duct  of  the  election.  The  \3*^S™'%*;^iots  and  stationery 
and  there  have  the  voting  m^ehi^e    Ij^nots   a  ^^^ 

required  to  be  delivered  ^o.  tji^em  foi  such  electio  ,  ^^  ^^^^^ 

registiT  of  the  electore  required  to  be  f^^f/ '^J  ^;\^gtruction 
The  i-pectors  shall  there^vpon  cause  aU  ^^ 

cards  and  if  pnnted  in  .^^f ^/^^^V^f^^^^^^  the  polling 

each  language,  to  be  PO^t^^'J^Xv  TaU  Sslrt  in  their  proper 
place.    Ifnotpreviously  done  they  shall  in  e  ^^^.       the 

place  on  the  voting  machine  the  Fallot    abel«^«  ^»^,, 

names  of  the  offices  to  .^^A"*^?,  ^*  '';^\nrthe  question,  if 
of  the   candidates  nominated  theiefoi    ana  T        l         ^^.^^^ 
any.   to  be  voted  upon      The  kejs  of  the  von 
shall  be  delivered  to  tb%election  officeis  at  lea^t      ^^^^^^^ 
hour  before  the  time  set  for  «R<:^^°g  jhe  pons  ^^^^^^ 

envelope,  on  which  sha  1  be  ^^^     ^n  or  printea  ^^^^ 

and  location  of  the  voting  ^^f.^^^^-^^^^tertC  number  regis- 
and,  if  provided  with  a  l-""!^;;^^:^,^^"^^ the  custoton.  The 
tered  on  such  counter  as  ^^'PO^.j'^VLnnened  until  at  least 
envelope  containing  the  kevs  f^l^^l^,'' ^^  VoLg  place 
two  of  the  inspectors  shall  ^^  P^3\ '^  that  it  has  not 
and  shall  have  examined  the  envelope    o  see  tn.  ^^ 

been  opened.     Before  ^pemng  the  envelope  ,  M  ^^  ^^^ 

cers  present  shall  examine  ^l^^^^.^^^the  protective  counter, 

machine,  also  «f,^™^;^  .;;^,f  ^e'^  ?Ly  nre  the  same  as  the 
if  one  is  provided,  and  shall  see  it  ^^^y   '  j^ 

numbers  written  on  the  «°^;^1°P;  ^^^Jt'^^^^^e  opened  until 
found  not  to  agx-ee  fl^^^/Ytn'e^-a"  etction.or  \he  city  or 
the  county  clerk     f  it  be  a  .e  ^^^^^  ^  ^ 

township  clerk,  if  it  o«/^.^'f"'X  aimointed  and  authorized 
are  elected,  or  the  ^u^^odian  duly  appo^^^^^^^^    ^^^  ^^^^^^  ^^^^^ 

to  act  for  such  clerk,  shall  1  aN  e  «een  uo  p^ge  of  re- 

presented himself  at  the  P^^^^S  P^^^^^.t  J^  that^t  is  properly 
examining  such  machine  an  ^  ;^" Jf/^^J  protective  counter, 
arranged.  If  t^%""™^/7,2/\^^  S-ee  with  the  numbers  on 
if  one  is  provided  are  fo™*!,/","^  .o^.^^  to  open  the  doors 
the  envelope,  the  in^P^^t^^.tV  the  polls  are  o^pened  for  the 
.-  concealing  the  ^^o™^'^^'^- ,  J,f  ^^^,Si,f  ei^^mine  Ivery  counter 
election,  each  inspector  shall  carelullje  ^^  ^^^^.^^^ 

and  see  that  it  regis^ters  ^e™'  and  tne  ^a  ^^ 

to  the  inspection  of  the  o^"^^,  .?,f J':'',r^uesTion  is  found  not 


LAWS    RELATING    TO    ELECTIONS.  197 


clei'k  or  the  custodian  appoitited  by  him  shall  adjust  the 
counter  at  zero,  re-examine  the  machine  and  certify  to  its 
proper  adjustment  for  use  in  the  election.  During  the  ex- 
amination of  the  voting  machine  by  the  inspectors  of  elec- 
tion the  operating  lever  of  the  machine  shall  remain  locked 
against  voting  until  the  polls  are  formally  opened  and  shall 
not  be  operated  except  by  the  electors  in  voting. 

.\m.    ]009,    Act   214. 

(608)  Sec.  10.  Ballots  voted  for  any  person  whose  name  j^'j^rreguiar 
does  not  appear  on  the  machine  as  a  nominated  candidate 
for  office  are  herein  referred  to  as  "Irregular  Ballots."  To 
provide  any  and  every  voter  Avho  desires  to  vote  for  any  per- 
son vrhose  name  is  not  on  the  machine  or  for  any  combination 
of  names  that  could  not  be  voted  with  the  machine,  with 
means  by  which  he  can  so  vote,  the  inspectors  of  election 
shall,  if  the  type  of  machine  so  require,  prior  to  the  opening 
of  the  poll,  placed  inside  the  cui-tain  or  other  enclosure  en- 
closing the  face  of  the  machine  a  reasonable  number  of  bal- 
lots suitable  to  the  machine  used,  together  with  pencil  and 
appliances  necessary  for  the  voting  thereof.  The  inspectors  ^^''/J'^^'jj™! 
of  election  shall  also  cause  to  be  placed  in  a  conspicuous  "^^ 
place  inside  the  polling  place  at  least  two  cards  not  less  than 
twelve  inches  square  on  which  shall  be  plainly  printed  full 
a/id  explicit  instructions  for  the  use  of  such  ballots.  A  voter 
desiring  to  vote  as  aforesaid  may  fill  out  one  of  said  ballots 
with  the  names  of  the  persons  he  desires  to  vote  for,  but 
which  could  not  be  voted  with  the  machine,  designate  for 
which  of  the  candidates  he  desii-es  the  remainder  of  his  ticket 
to  be  voted,  place  the  same  in  or  upon  the  appliance  provided 
therefor,  and  deposit  such  ballot  in  a  receptacle  on  the  ma- 
chine provided  for  the  irregular  ballots  or  in  a  ballot  box 
and  the  ballot  so  cast  shall  be  counted  at  the  close  of  the 
election :  Provided,  It  contains  a  name  or  names  or  a  com-  Proviso, 
bination  of  names  that  could  not  have  been  voted  with  the 
nnichine.  Any  person  removing  from  said  enclosure  any  of  Misdemeanor, 
said  ballots  or  applicances  provided  for  the  voting  of  the  uitls;^penaity. 
same,  except  for  the  pui'pose  of  using  the  same  in  a  manner 
herein  provided,  shall  be  deemed  guilty  of  a  misdemeanor  and 
upon  conviction  thereof  before  a  court  of  competent  jurisdic- 
tion shall  be  punished  by  a  fine  of  not  more  than  one  hundred 
dollars  or  by  imprisonment  in  the  county  jail  of  tlie  county 
in  which  the  olfense  shall  be  committed  for  a  period  of  not 
exceeding  ninety  days  or  both  such  fine  and  imprisonment  in 
I  he  discretion  of  the  court.  T^mergency  ballots  shall  also  be  Emereenc.v 
provided  by  the  board  of  election  commissioners  of  the 
county,  having  suitable  blank  spaces  to  j)ermit  the  voter  to 
vote  a  straight  party  ticket,  or  if  he  desires  to  si)lit  his  party 
ticket,  to  indicate  the  party  ticket  the  majority  of  whose 
candidates  he  favors,  together  with  the  names  of  such  other 
candidates  for  which  he  desires  to  vote.  Such  ballots  shall  wiio  to 
be  used  only  in  emergency  and  upon  special  permission  of''™^"®' 


198 


STATE  OF  MICHIGAN. 


When  emer- 
gency (locUir- 
ert  to  exist. 


the  board  or  official  whose  duty  it  is  to  provide  ballots  for 
the  election  and  who  shall  prepare  such  ballots  and  same  shall 
be  held  by  the  city  or  township  clerk  subject  1o  the  order  of 
the  county  clerk  or  other  authorized  i)erson.  It  shall  not  be 
necessary  to  provide  such  emergency  ballots  for  each  election, 
unless  siime  shall  have  been  used,  destroyed  or  lost,  in  which 
case  similar  ballots  shall  again  be  provided.  If  at  any  time 
during  the  election  the  voting  machine  is  disabled  and  cannot 
be  repaired  and  no  other  voting  machine  can  be  had  to  supply 
its  place,  an  emergency  shall  be  declared  to  exist  and  the 
voting  thereafter  at  that  election,  in  that  voting  precinct 
shall  be  by  ballot,  in  the  manner  hereinafter  provided  in 
this  section ;  the  board  or  official  having  the  custody  of  such 
emergency  ballots  shall  when  so  directed,  supi)ly  a  sufficient 
number  of  such  ballots  to  the  election  board  for  use  by  the 
voters.  One  of  such  ballots  shall  be  delivered  by  the  election 
board  to  each  voter  who  may  thereafter  appear  to  vote  and 
shall  be  voted  and  coimted  subject  to  the  provisions  of  the 
general  election  law,  except  as  herein  otherwise  provided. 
Such  ballots  shall  be  numbered  cousecutively  from  one  up, 
which  number  shall  be  printed  upon  a  perforated  stub.  The 
number  of  the  ballot  given  to  each  voter  shall  be  written 
against  the  voter's  name,  at  tlie  time  of  the  delivery  of  such 
ballot  and  ^^■hen  such  ballot  is  returned  by  the  voter  the  num- 
ber thereon  shall  be  compared  with  the  voter's  number  ou  the 
poll  book,  and  if  they  agree,  the  stub  number  shall  then  be 
torn  off  and  tlie  ballot  deposited  in  a  ballot  box  provided 
therefor,  but  if  the  numbers  do  not  agree  the  ballot  shall  not 
be  received  and  shall  be  void.  The  election  board  shall  im- 
mediately ascertain  the  cause  of  such  discrepancy  and  shall 
have  power  to  arrest  any  person  who  is  shown  guilty  of  a 
direct  or  indirect  attempt  to  cast  a  fraudulent  ballot.  Upon 
conviction  any  such  person  shall  be  punished  as  herein  pro- 
vided. 


Ballots,  to 
whom  de- 
livered. 


How 

numbered. 


When  void. 
Discrepancies 


.-^m.   Extra   Session,    1D07,  Act  7;    1909,  Act   214. 

Voting  macblues  cannot  be  usccl  at  an  election  at  which  the  type  of 
machine  in  use  cannot  ho  so  arranged  as  to  afford  the  voter  opportunity 
to  vote  for  any  desired  combination  of  the  candidates  of  all  parties. — 
Helme  v.  Election  Com'rs,  149/390.  Machines  must  be  arranged  to  permit 
the  elector's  choice  of  candidates  without  disclosure  to  inspectors  or  other 
persons. — Id. 


Challenge 
of  voter. 


When  not 
withdrawn. 


When  may 
cause  arrest. 


(COO)  Si^c.  11.  When  the  right  of  any  person  offering  to 
vote  is  challenged  the  inspector  of  election  shall  tender  to  him 
such  of  the  oath  required  by  the  election  law  of  the  state  as 
he  may  claim  to  contain  the  grounds  of  his  qualifications  to 
vote,  and  if  the  voter  takes  such  oath  he  must  be  allowed  to 
cast  his  vote  upon  the  machine.  If  the  challenge  is  not  with- 
drawn the  inspectors  of  election  shall  write  opposite  the 
name  of  such  voter  in  the  registration  book  the  word  "chal- 
lenged," and  if  such  voter  then  enters  the  machine  to  vote, 
the  election  officer  shall  write  the  word  "sworn"  opposite  the 
voter's  name  in  the  poll  book.  If  sufficient  evidence  is  pro- 
duced by  any  challenger  or  elector  who  will  make  affidavit 


LAWS    RELATING    TO    ELECTIONS.  199 

on  blanks  provided  tlierefor,  that  be  believes  such  voter  is  not 
a  (jimlified  voter,  giving  the  reasons  for  same,  or  if  snch  voter 
is  known  to  the  inspectors  of  election,  not  to  be  a  qualitied 
voter,  they  shall  immediately  cause  the  arrest  of  such  voter 
and  upon  conviction  such  voter  shall  be  deemed  guilty  of  a 
felony,  punishable  as  provided  in  section  one  hundred  fifty- 
three  of  the  general  election  laws. 

Am.    1909.    Act    214. 

For   tlie  section  above  mentioned,   see  section   181   of  tiiis  compilation. 

Cliallen;;ed  votes  by  the  voting  machine  cannot  be  identliied  under  any  pro- 
visions of  the  statute. — Henderson  v.  Saginaw  Election  Com'rs,  160/36. 
Act  214  of  1909,  is  not  unconstitutional  in  providing  that  the  votes  of 
challenged  persons  must  be  accepted  after  the  voters  take  the  required  oath. — 
Id. 

(610)  Sec.  12.     "With  the  exception  of  jjersons  not  nomi-  irregular 
nated  or  for  a  combination  of  names  that  cannot  be  voted  noMo^br^^" 
with  the  machine  and  except  for  voting  for  presidential  elect-  ™ted. 

ors,  no  irregular  ballot  shall  be  voted  for  any  person  for  any 
office,  whose  name  appears  on  the  machine  as  a  nominated 
candidate  for  that  otHce.  An  irregular  ballot  must  be  cast 
in  its  appropriate  place  on  the  machine  or  it  shall  be  void 
and  not  counted. 

Am.  Id. 

(611)  Sec.  13.     The  exterior  of  the  voting  machine  and  Machine,  ex- 
every  part  of  the  polling  place  shall  be  in  plain  view  of  the  be"!?!"^ plain" 
election  officers  and  the  public.    The  voting  machine  shall  be  ^'™- 
])laced  at  least  three  feet  from  every  wall  and  partition  of 

the  polling  place  and  at  least  three  feet  from  the  guard  rail. 

The  guard  rail  shall  be  constructed  at  least  three  feet  from  Guard  rail, 

the  machine  with  openings  to  admit  electors  to  and  from  the  t,°",f of'"" 

machine. 

(G12)     Sec.   14.     Only  one  voter  at  a   time  shall  be  per-  one  voter 
mitted  to  pass  within  the  guard  rail  to  vote.    The  operating  atTttme' 
of  the  voting  machine  by  the  elector  while  voting  shall  be 
secret  and  obscure  from  all  other  persons,  except  as  provided 
by  this  act  in  cases  of  voting  by  as.sistod  electors.    No  voter  Time  allowed 
sliall   have   the   right   to   remain  within    the  voting  machine  '""^  ^"""k 
booth  longer  than  one  minute  and  if  he  shall  refuse  to  leave 
it  after  the  lapse  of  one  minute,  he  shall  be  removed  by  the 
inspectors:     Provided,  That  the  inspectors  may  gi'ant  him  proviso. 
further  time  in  their  discretion  if  others  are  not  waiting  to 
vote. 

Am.    1909,   Act   214. 

.    (613)     Sec.  15.     The  front  of  the  voting  machine  shall  be  Machine,  how 
in  full  view  of  the  inspectors  and  bystandei-s  at  all  times  p'**^**^- 
during  the  election,  and  the  machine  shall  be  so  placed  or 
equipped  that  the  keyboard  of  the  machine  shall  be  concealed 
from  the  view  of  all  persons,  except  the  voter,  so  that  the 
voting  of  each  voter  shall  be  in  .secrecy. 

Am.   Id. 


200 


STATE    OF   MICHIGAN. 


Locking  and 
unlocking  of 
machine,  liy 
whom. 


Voting 
machines,  in- 
struction of 
electora,  etc. 


When  elector 
cannot  read 
English. 


(614)  Sec.  1G.  An  inspector  of  election  sliall  attend  to 
tlie  locking  and  nulocking  of  the  machine  and  it  shall  be  his 
dnt.v  to  iirevenl  said  machine  from  being  nnlocked  at  any 
time  during  said  election,  except  when  a  voter  is  within  for 
the  pnrjxise  of  voting,  and  whenever  a  voler  has  voted  the 
inspector  shall  lock  llie  machine  and  it  shall  remain  so  nntil 
another  voter  enters  for  the  ])urpose  of  voting. 

(G15)  Sec.  17.  Tn  case  any  elector,  after  entering  the 
voting  machine  booth,  shall  ask  for  further  instrnctions  con- 
cerning the  manner  of  voting,  two  inspectors  of  opposite 
political  parties  shall  give  such  in.structions  to  him,  but  no 
inspector  or  other  election  officer  or  person  assisting  at  any 
election,  shall  set  such  machines  for  any  such  elector,  or 
move,  turn  or  operate  anj'  lever  or  other  part  or  mechanism 
of  such  machine  for  such  elector,  or  in  any  manner  request, 
suggest,  or  seek  to  persuade  or  induce  any  such  elector  to 
vote  any  particular  ticket,  or  for  any  particular  candidate, 
or  for  or  against  any  particular  amendment,  question  or 
proposition.  After  receiving  such  instructions  such  elector 
shall  be  left  alone  in  the  voting  machine  booth  and  shall  vote 
as  in  the  ca.se  of  an  unassisted  voter,  and  no  inspector  or 
other  election  officer  or  person  assisting  at  any  election  shall 
be  present  in  such  voting  machine  booth  when  any  such 
elector  sets  or  o])eratcs  such  machine.  When  an  elector  shall 
make  oath  that  he  cannot  read  English  such  voting  machine 
shall  be  set  for  him  in  the  presence  of  the  challengers  of 
each  political  party  having  a  challenger  at  such  voting  place, 
by  an  insijector  designated  by  the  board  for  that  purpose, 
but  110  such  inspector  shall  operate  such  machine  for  any 
such  elector.  When  an  elector  shall  make  oath  that  because 
of  physical  disability  he  cannot  set  or  ojierate  such  machine, 
or  when  such  disability  shall  be  made  manifest  to  said  in- 
spectors, such  machine  shall  be  set  and  operated  for  him 
in  the  presence  of  the  challengers  of  each  political  party 
having  a  challenger  at  such  voting  place,  by  an  inspector 
designated  by  the  board   for  that  purpose. 

Am.    1911,   Act   107. 


Examination 
of  face  of 
machine. 


Locking,  etc., 
by  whom. 


(OIG)  Sec.  18.  No  voter  or  other  person  shall  deface  or 
injure  the  voting  machine  or  the  ballot  labels  thereon.  It 
shall  be  the  duty  of  the  inspectors  of  election  to  enforce  the 
provisions  of  this  section.  The  inspectore  of  election  shall, 
at  such  intervals,  as  they  may  deem  proper  or  necessary,  ex- 
amine the  face  of  the  machine  to  ascertain  whether  it  has 
been  defaced  or  injured,  to  detect  the  wrong-doer  and  to  re-, 
jtair  any  injury. 

(G17)  Sec.  19.  As  soon  as  the  polls  of  the  election  are 
closed,  the  inspectors  of  election  thereat  shall  immediately 
lock  the  voting  machine  against  voting  and  open  the  counting 
department  in  the  presence  of  the  challengers  and  all  other 
persons  who  may  be  lawfully  within  the  polling  place,  giving 


LAWS   RELATING    TO    ELECTIONS.  201 

full  view  of  all  the  counter  numbers.     The  chairman  of  the  chairman 
board  of  inspectors  shall,  under  the  scrutiny  of  another  in-  Jjutierof'. 
spector,  in  the  order  of  the  offices  as  their  titles  are  arranged 
on  the  niachine,  read  and  announce  in  a  distinct  voice  the 
designating'  number  and  letter  of  each  counter   (if  any)   for 
each  candidate's  name  and  the  result  as  shown  by  the  counter 
numbers,  and  shall  then  read  the  vote  on  each  constitutional 
amendment,  pi'opositiou  or  other  question.    He  shall  also  in  irregular 
the  same  manner  announce  the  vote  as  recorded  for  each  vote  of'. 
office  on  the  irregular  ballots,  if  any.    The  candidate  count- 
ers shall  not  in  any  case  be  read  consecutively  along  the  party 
row  or  column,  but  shall  always  be  read  along  the  office  col- 
umn or  row,  completing  the  canvass  for  each  office  before 
jiroceeding  to  the  next,  and  the  vote  as  registered  shall  be 
entered  by  the  clerks  in  figures,  directly  to  the  inspectors' 
statement  in  ink,  on  the  space  Avhich  has  the  same  designat- 
ing number  and  letter.     After  recording  the  vote,  as  shown  Figures, 
by  the  counters,  on  the  inspectors'  statement  of  canvass,  the  ''°^'  '"^"^^'^■ 
figures  shall  be  verified  by  being  called  off  in  the  same  man- 
ner from  the  counters  of  the  machine  by  another  inspector, 
and  if  found  correct,  the  inspectors  of  election  shall  write 
each  candidate's  vote  in  words  in  the  space  provided  therefor. 
If  the  name  of  an  endorsed  candidate  appears  on  the  ballot  when  name 
labels  more  than  once  and  the  countere  of  such  a  candidate,  J'han'oncel'"^'^ 
who  has  been  nominated   more  than   once  for   an  office  to 
which  two  or  more  persons  are  to  be  elected,  are  coupled  for 
simultaneous  action,  so  that  the  vote  counted  by  any  one  of 
the  counters  of  such  candidate  will  also  be  counted  by  the 
other  counters  of  such  candidate,  the  record  of  the  vote  on 
but  one  of  such  counters  shall  l>e  taken,  and  the  record  of  the 
vote  on  the  other  counters  shall  not  be  taken  but  shall  be 
entered  as  zero.    When  the  counters  of  a  candidate  who  has  when  records 
been  nominated  more  than  once  for  an  office  to  which  but  comuers  to 
one  jwrson  is  to  be  elected,  in  which  case  such  counters  shall  \^^l'l{^^y^ 
not  be  coupled  for  simultaneous  action,  the  record  of  the  vote 
on  each  counter  of  such  candidate  shall  be  taken  and  added 
together :     Provided,  That  the  name  of  any  candidate  shall  Proviso. 
appear  more  than   once  on   the  ballot   labels.     The   counter 
comjiarlment  of  the  voting  machine  shall  remain  open  until 
the  statement  of  canvass  and  all  other  rejiorts  have  been  fully 
completed   and  signed  by  the  election  board.     During  such 
time  any  challenger  of  any  party,  duly  accredited  as  provided 
by  the  election  law,  who  may  desire  to  be  present  shall  be 
admitted  to  the  polling  place.     The  i)roclAmation  of  the  re-  Result,  by 
suit  of  the  votes  cast  shall  be  deliberately  announced  in  a  nounced" 
distinct  voice  by  the   chairman  of  the  Iward  of  inspectors 
who  shall  read  the  name  of  etich  candidate,  with  a  designat- 
ing number  and  letter  of  his  counter  (if  any),  and  the  vote 
registered  on  such  counter ;  also  the  vote  cast  for  and  against 
each  question  submitted.     During  such  proclamation   ample  corrections. 
opportimity  shall  be  given  to  any  person   lawfully  present  "'*"'"'"*' 
to  compare  the  results  so  announced  with  the  counter  dials 


202 


STATE  OF  MICHIGAN. 


Board  to 
seal  machine. 


of  the  machine  and  any  necessary  corrections  shall  then  and 
(here  he  made  by  the  election  board,  after  which  the  doors 
of  the  voting  machine  shall  be  closed  and  locked.  Before 
adjourning  the  board  shall,  with  the  seal  provided  therefor, 
so  seal  the  operating  lever  of  the  machine  that  the  voting 
and  counting  mechanism  will  be  prevented  from  operation. 
Such  machines  shall  remain  so  sealed  for  a  period  of  thirty 
days  after  the  election  and  shall  not  be  operated  during  such 
time  except  as  herein  otherwise  provided. 


Am.    1909,   Act  214. 


Hecanvass, 
when  to 
be  made. 


Who 
notified. 


Custodian  to 
examine,  etc., 
machine. 


Counters, 
how  set 
before  test 


Vv'hen  cus- 
todian to 
file  state- 
ment. 


(618)  Sec.  20.  Whenever  it  .shall  appear  that  there  is  a 
discrepancy  in  the  returns  of  any  election  district,  the  board 
of  canvassers  of  the  county,  if  it  be  a  general  election  at 
which  county  or  state  officers  are  elected,  or  the  board  of 
canvassers  of  the  city  or  to^mship,  if  it  be  a  city  or  township 
election  at  which  city  or  townaship  oflScers  only,  are  elected, 
shall  summon  the  inspectors  of  the  election  district  in  which 
the  discrepancy  is  alleged  to  have  occurred  and  said  inspector 
shall,  in  the  presence  of  said  board  of  canvassers  and  the 
custodian,  make  a  record  of  the  number  of  the  se^il.  the  num- 
ber on  the  protective  counter,  if  one  is  provided,  and  shall 
open  the  counter  compartment  of  said  machine,  and  without 
unlocking  the  machine  against  voting,  shall  re-canvass  the 
Aote  cast  thereon.  Before  making  such  re-canvass  the  said 
board  of  canvnssers  shall  give  sufficient  notice  in  writing  to 
1he  county  clerk  and  to  the  custodian  who  prepared  the  ma- 
chine for  the  election,  of  the  time  and  place  where  said  re- 
canvass  is  to  be  made.  If  upon  such  re-canvass  it  shall  be 
found  that  the  original  canvass  of  the  returns  has  been  cor- 
rectly made  from  the  machine,  and  that  the  discrepancy  still 
remains  unaccounted  for,  the  custodian,  in  the  presence  of 
the  inspectors  of  election  and  the  said  board  of  canvassers, 
shall  unlock  the  voting  and  counting  mechanism  of  said  ma- 
chine and  shall  proceed  to  thoroughly  examine  and  test  the 
machine  to  determine  and  reveal  the  true  cause  or  causes,  if 
any,  of  the  discrepancy  in  the  retur-n  from  said  machine. 
Before  testing  the  machine,  the  counters  in  the  party  row  or 
column  in  which  the  discrepancy  is  alleged  to  have  occurred 
shall  be  set  at  zero  after  which  each  of  such  counters  shall 
be  operated  at  least  one  hundred  times.  After  the  completion 
of  said  examination  the  custodian  shall  then  and  there  prepare 
a  statement  in  wi^iting  giving  the  result  thereof,  and  said 
statement  shall  be  witnessed  by  the  persons  present  and  shall 
he  filed  with  the  secretary  of  the  county  board  of  canvassers. 
Any  candidate  voted  for  at  any  election  who  conceives  him- 
self aggrieved  on  account  of  any  fraud,  error  or  mistake  in 
the  canvass  of  the  vote  by  the  inspectors  or  in  the  retunis 
made  by  the  inspectors  of  election,  may  file  a  written  petition 
with  the  clerk  of  the  board  of  canvassers  as  provided  in  sec- 
tion two  hundred  eighteen  and  section  two  hundred  nineteen 


LAWS    RELATING    TO    ELECTIONS.  203 


of  the  general  election  laws.    Sncli  sections,  as  far  as  practi-  sections 
cable,  shall  apply  except  as  herein  othenvise  provided.  iH'PJca 

Am.   Id. 

For   the   sections   above  mentioned,   see   sections   249   and   250   of   this    com- 
pilation. 

(61fl)     Sec.  21.     The  secretary  of  state  shall   furnish  the  wiuit  sec- 
necessary   inspector's  statement   and   canvassing  sheets  and  gute^to' 
samples  of  the  certificates,  envelopes,  etc.,  suitable  to  the  ma-  furnish. 
chine  used,  to  the  board  or  officer  whose  dutv  it  is  to  provide 
ballot  labels  and  other  election  supplies  for  each  election,  to 
be  delivered  to  the  respective  boards  of  election  inspectors  to 
make  returns  where  voting  machines  are  to  be  used.     The  inspector's 
form  of  the  inspector's  statement  shall  be  like  that  now  pro-  form  "of    ' 
vided  by  the  secretary  of  state,  except  that  the  inspector's 
certificate  contained  therein  shall  in  addition  certify  to  the 
number  of  the  machine  used,  the  number  on  the  protective 
counter,  if  any,  the  number  on  the  seal,  and  tliat  all  candi- 
date counters,  question  counters  and  the  public  counter  reg- 
istered zero  before  the  polls  open;  also  the  record  on  the 
protective  counter  and  on  the  seal  with  which  the  machine 
is  sealed  by  the  inspectors,  the  number  on  the  ])ublic  counter 
and  the  number  of  names  on  the  poll  list  after  the  ])olls  close. 
The  board  or  official  whose  duty  it  is  to  i)rovide  ballot  labels  ncnv  urui 
shall  notify  the  secretary  of  state,  giving  the  order  and  titles  flfnH.si^ed. 
of  the  offices  and  the  number  of  such  inspectors'  statements 
as  will  be  required  and  such  number  plus  ten  per  centum, 
shall  be  furnished  by  the  secretary  of  state  to  said  board  or 
official,  at  least  thirty  days  prior  to  election  at  which  they 
are  to  be  used.    As  soon  as  the  name  of  all  candidates  for  the  Names,  etc , 
several    offices   to   be   elected    at   that    election    are    filed    as    °"  ^"" 
required  by  law,  the  board  or  official  whose  duty  it  is  to  pre- 
jiare  the  ballot  labels  for  the  machine,  shall  forthwith  have 
the  names  of  each  regularly  nominated  candidate,  together 
with  the  designating  number  and  letter,  if  any,  correspond- 
ing to  each  of  candidates'  counter  on   the  voting  machine, 
printed  in  the  space  provided  therefor,  immediately  before 
the  word  "received"  in  the  inspector's  statement :     Provided,  I'mviso, 
That  in  case  of  the  death,  resignation  or  failui-e  to  qualify  of  ''•'•'"i.  etc. 
any  of  such  candidates  after  such  insjicctoi's'  statements  are 
in'inted,  a  slip  may  be  furnished  giving  the  name,  designal- 
iiig  number  and  letter,  if  any,  of  the  candidate  substituted 
therefor  and  same  shall  be  pasted,  before  the  deliverj'  of  the 
inspectors'  statements  to  the  board  of  inspectore,  over  the 
candidate's  name  who  died,  resigned  or  failed  to  qualify.    It  Dntyuf 
shall  be  the  duty  of  the  clerk  of  each  county,  city,  village  or  '  "  ' 
township  which  has  or  may  hei-eafter  purchase  or  adopt  voting 
machines  to  immediately  notifv  the  secretary  of  state  of  sucli 
fact. 

Am.   Id. 

(G20)     Sec.  22.     All  the  provisions  of  the  election  laws  now  i';i.-rii<in 
in  force  and  not  inconsistent  with  the  provisions  of  this  act,  Jfiuabie! 


204 


STATE    OF    MICHIGAN. 


shall  ajuily  with  full  force  to  all  counties,  cities,  villages  and 
to^Tiships  adopting  the  use  of  voting  machines. 

Sec.   23   repeals   inconsistent   acts. 


USE  OF  VOTING  MACHINES  IN  PRIMARY  ELECTIONS. 


Primaries, 
voting  ma- 
ctiinea  may 
be  used  at. 


Autiioriz- 
ed  voting 
machines. 


Wlien  names 
to  be  printed 
on  ballot. 


Party 
preference. 


Printing  of 
ballots  or 
slips-  color. 


How 

furnished. 


Name.s,  al- 
ternating of. 


Alphabetical 
arrangement. 


An  Act  to  permit  the  use  of  voting  machines  in  primary  elections 
in  the  state  of  Michigan  and  to  repeal  all  laws  inconsistent  here- 
with. 

[Act    22.5,    P.   A.    1909.] 

The  People  of  the  State  of  Michigan  enact: 

(621)  Section  1.  At  all  state,  county,  city  and  township 
primaries,  ballots  or  votes  may  be  cast,  registered,  recorded 
or  counted  by  means  of  voting  inacliiiies  as  hereinafter  pro- 
vided. 

(622)  Sec.  2.  Any  voting  macliine  which  is  by  law 
authorized  to  be  used  at  a  general  election  may,  by  the  order 
of  the  board  of  sui)ervisors  of  any  county,  the  common  council 
of  any  city  or  the  township  board  of  any  township,  be  used 
tlierein  at  primary  elections  in  like  manner  and  to  the  same 
extent  that  such  machines  may  be  used  at  general  elections, 
and  in  case  there  are  more  candidates  than  can  have  their 
names  placed  on  any  such  machines  so  to  be  used,  or  in  case 
such  machine  is  not  so  constructed  that  no  voter  can  vote 
for  candidates  of  more  than  one  political  party,  then  it  shall 
bo  the  duty  of  the  proper  election  commission  to  designate 
what  names  shall  be  voted  for  on  the  machines,  and  to  print 
the  remaining  names  upon  proper  ballots  in  such  manner 
as  far  as  may  be  that  the  political  party  or  parties  polling 
the  largest  vote  in  such  county  for  secretary  of  state  at  the 
last  preceding  election  shall  be  placed  upon  the  machine,  and 
the  candidates  of  smaller  parties  shall  be  placed  upon  ballots, 
but  all  the  candidates  of  any  party  shall  either  be  upon  the 
machine  or  upon  a  ballot. 

(623)  Sec.  3.  Ballots  or  slips  used  with  or  upon  any  vot- 
ing machine  shall  be  printed  on  card  board  or  paper  of  a  size 
suitable  to  the  machine  used,  but  shall  be  of  the  colors  requir- 
ed for  each  ])arty  or  organization  at  primary  elections.  It 
is  further  pirovided  tliat  such  ballot  labels  or  slips  shall 
be  furnished  by  the  board  or  olficial  now  required  to  furnish 
such  supplies.  The  names  of  all  candidates  shall  be  alter- 
nated on  the  ballot  of  each  party  casting  at  least  five  per 
centum  of  the  vote  cast  in  the  county  or  political  subdivision 
at  the  preceding  November  election  and  shall  be  printed  as 
follows : 

First,  The  form  sliall  be  set  up  with  the  names  of  such 
candidates  arranged  alphabetically,  in  order  according  to 
surnames : 


LAWS    RELATING    TO    ELECTIONS.  205 

Second,  In  printing  each  set  of  tickets  or  ballot  labels  for  Appearance  of 
the  several  election  precincts,  the  position  of  the  names  shall  ofbaiio't  ubei. 
be  so  changed  that  each  candidate's  name  for  any  particular 
office  shall  as  far  as  possible  appear  upon  the  ballot  labels 
at  the  head  of  his  office    subdivision    an    equal    number  of 
times ; 

Third,  In  making  the  change  of  position  the  printer  shall  ciiange  or 

positioTi 

take  the  line  of  type  at  the  head  of  each  office  division  and 
place  it  at  the  bottom  of  the  division  and  move  up  the  column, 
so  that  the  name  that  before  was  second  shall  be  first  after 
the  change; 

Fourth,  Ballots  shall  also  be  furnished  as  near  as  may  be  Ballots,  to 
in  the  form  as  provided  by  the  general  primary  law  of  the  TOnform. 
state,  for  voting  for  delegates  to    county    conventions,    and 
shall  be  voted  in  a  separate  ballot  box  provided  therefor,  as 
now  required. 

(624)  Sec.  4.     Whenever  a  voting  machine  is  used  in  a  Party  levers 
primary  election   the  party  levers  or  bars,  if  any,  shall  be hxi!"^ 
locked  against  voting  .so  as  to  prevent  straight  ticket  voting^, 

and  the  machine  shall  be  proi)erly  arranged  so  that  the  voter 
may  vote  for  as  many  candidates  for  each  office  as  there  are 
candidates  to  be  nominated  to  that  office  and  no  more. 

(625)  Sec.  5.    More  tlian  one  voting  machine  may  be  used  Number. 
in  a  precinct. 

(626)  Sec.  6.     All  acts  or  parts  of  acts  relating  to  the  Acts  to 
use  of  voting  machines  and  all  acts  relating  to  the  election  of 
candidates  by  direct  vote  shall  apply  as  far  as  practicable 
wlierever  voting  machines  are  used  iu  primaries,  except  inso- 
far as  the  provisions  thereof  may  be  inconsistent  herewith. 


PURCHASE  AND  USE  OF  VOTING  MACHINES. 

An  Act  to  authorize  and  empower  the  board  of  supervisors  of  any 
county  in  the  state  to  purchase  and  direct  the  use  of  voting 
machines  in  and  for  the  several  voting  precincts  of  said  county, 
and  to  pay  for  same  out  of  the  general  fund  of  the  county. 

[.\ct  154,  P.   A.  1907.] 

The  People  of  the  State  of  Michigan  enact: 

(627)  Section  1.     That  hereafter  the  board  of  supervisors  supervisors 
of  any  county  in  the  state  shall  have  the  power  to  direct  the  '""y  f""^^^ 
use  of  voting  machines  in  and  for  each  voting  precinct  in  the 
county,  at  all  elections  held  therein. 

(628)  Sec.  2.   In  case  said  board  determines  to  use  voting  May  purchase. 
machines  in  the  elections  to  be  held  in  said  county  in  the 

manner  hereinbefore  provided,  it  shall  be  the  duty  of  said 
board  to  purchase  such  a  number  of  machines  and  of  such 


206 


STATE  OF  MICHIGAN. 


Payment. 


Make 
contract. 


type  as  shall  seem  necessary  and  proper  for  the  safe  and 
correct  conduct  of  said  elections. 

(629)  Sec.  3.  The  said  board  of  supervisors  is  hereby 
authorized  to  pay  for  said  voting  machines  out  of  the  general 
fund  of  said  county,  and  to  make  such  contract  for  the  pur- 
chase of  such  machines  with  regard  to  price,  manner  of 
purchase  and  time  of  payment  as  to  the  said  board  shall  seem 
proper,  and  in  estimating  the  aiaouut  of  taxes  to  be  levied 
for  the  general  fund,  such  amount  shall  be  added,  extending 
over  such  time  as  may  be  required  to  fully  pay  for  such 
machines. 

(630)  Sec.  4.  It  is  further  provided  that  in  case  any  city, 
township  or  village  of  such  county  in  which  the  use  of  voting 
machines  shall  have  been  determined  upon  by  the  board  of 
supervisors,  shall  have  previously  purchased  such  machines, 
such  city,  township  or  village  shall  have  returned  to  it  from 
the  general  fund  of  said  county,  such  a  pro  i-ata  amount  of 
the  whole  cost  for  the  county  as  the  number  of  voting  pre- 
cincts so  previously  provided  by  any  .such  city,  township  or 
village,  bears  to  the  whole  number  in  the  county,  but  not  ex- 
ceeding the  amount  previously  paid  by  any  such  city,  town- 
ship or  village. 

(631)  Sec.  5.  All  acts  or  parts  of  acts  referring  to  the 
election  laws  of  this  state,  as  are  inconsistent  herewith  are 
hereby  repealed,  in  so  far  as  they  contravene  the  provisions  of 
this  act. 


Refunds, 
townships, 
etc.,  enti- 
tled to. 


Repealing 
clause. 


[RETURN  OF  VOTE  TO  SECRETARY  OF  STATE. 


[Extract    from    Act    44,    P.    A.    1899.] 


County  clerks 
to  make  re- 
turns of  vote 
of  certain 
officers. 


Further  duty 
of  county 
clerks. 


Secretary  of 
state  to  pub- 
lish result  of 
canvass. 


(G32)  Sec.  28.  The  vote  for  governor  and  secretary  of 
state  by  townships  and  wards,  and  the  vote  for  members  of 
the  state  legislature  cast  at  the  preceding  November  elec- 
tion, shall  be  returned  to  the  secretary  of  state  by  the  several 
county  clerks  on  or  before  the  first  day  of  December  follow- 
ing sncl)  election,  and  it  shall  be  the  further  duty  of  all 
county  clerks  to  furnish  to  the  secretary  of  state,  promptly 
and  without  compensation,  any  further  information  requested 
of  them,  to  be  used  in  the  compilation  of  the  manual. 

(633)  Sec.  29.  The  secretary  of  state  shall,  as  soon  as 
possible  after  the  canvass  of  votes  at  the  April  election,  print 
in  pamphlet  form  the  result  of  such  canvass.  A  suflScient 
number  of  said  pamphlets  shall  be  printed  to  supply  demands, 
as  shall  in  the  judgment  of  the  secretary  of  state  be  required, 
but  in  no  case  to  exceed  five  thousand  pamphlets,  and  they 
shall  be  mailed  by  the  secretary  of  state  to  persons  wlio  may 
request  them. 


LAWS   RELATING    TO    ELECTIONS.  207 


PUBLICITY  OF  PROPOSED  CONSTITUTIONAL   AMENDMENTS. 

An  Act  to  secure  greater  publicity  concerning  proposed  amendments 
to  the  constitution. 

t.Vct    ^3.    p.    A.    1005.] 

The  People  of  the  State  of  Michigan  enact: 

(634)     Section  1.    That   whenever    a    pi-oposed    constitu-  Constitutional 
tional  amendment  or  other  qnestion  is  to  be  submitted  to  the  n^tfce'IS™''' 
electors  of  the  state  for  popular  vote,  the  secretary  of  state  propog°ed. 
shall  duly  prepare  concise  statements,  setting  forth  the  pur- 
port, nature  and  effect  of  the  proposed  amendment,  or  other 
question,  and  shall  three  times  send  copies  of  said  statements  How  given, 
to  the  several  daily-and  weekly  newspapers  published  in  the 
state  of  Michigan,  no  less  than  sixty,  thirty  and  fifteen  days 
respectively,  prior  to  the  election,  with  a  request  that  said 
papers  give  as  wide  publicity  as  possible  to  said  proposed 
amendment,    or   other   questions.     And  he  shall  also  furnish  Copiea  of 
each  county  and  city  clerk  in  the  state  at  least  ten  copies  of  be  sent  clerks 
such  statement  for  each  voting  precinct  in  their  respective 
counties  or  cities.     Each  county  or  city  clerk  in  the  state  statement  to 
shall  furnish  the  board  of  election  inspectors  of  each  voting  poiuSg^piaces. 
precinct  in  their  respective  counties  or  cities,  such  statements 
of  not  less  than  ten  copies,  to  be  posted  by  such  board  of  elec- 
tion inspectors  in  a  conspicuous  place  in  the  room  of  holding 
such  election  and  such  statements  shall  be  furnished  to  the 
inspectors  of  election  in  the  following    languages,    namely: 
Two  copies  each  of  Holland,  German,  Polish  and  four  copiea 
of  English.    Such  statements  shall  be  furnished  the  election 
inspectors  at  least  live  days  before  the  election. 

(035)      Sec.  2.     Publication  of  any  matter  by  any  paper  No charee for 
under  the  provisions  of  this  act,  shall  be  without  expense  or  ''^    ^°''  °°' 
cost  to  the  state  of  Michigan. 


APPORTIONMENT  OF  SENATORS  AND  REPRESENTATIVES. 

An  Act  to  apportion  anew  the  representatives  In  the  state  legislature 
among  the  several  counties  and  districts  of  this  state. 

[Act   33G,    P.   A.    1913.] 

The  People  of  the  State  of  Michigan  enact: 

(636)     Section  1.    The  house  of  representatives  shall  here-  Apportion- 
after  be  composed  of  one  hundred  members,  elected  agreeably  l^entativS" 
to  a  ratio  of  one  representative  to  every  twenty-eight  thou- 
sand one  hundred  two  persons,  in  each  organized  county,  and 


208 


STATE    OF   MICHIGAN. 


Counties 
entitled  to 
two  or  more. 


Entitled 
to  one. 


Districts 
containing 
more  than 
one  county. 


one  representative  of  each  county  having  a  fraction  more  than 
a  moiety  of  said  ratio,  and  not  included  therein,  until  the 
one  hundred  representatives  are  assigned;  that  is  to  say, 
within  the  county  of  Wayne,  seventeen ;  Kent,  five ;  Houghton, 
three;  Saginaw,  three;  Bay,  two;  Berrien,  two;  Calhoun, 
two;  Genesee,  two;  Inghani,  two;  Jackson,  two;  Kalamazoo, 
two ;  Lenawee.,  two ;  Marquette,  two ;  Oakland,  two ;  Ottawa, 
two;  St.  Clair,  two;  Washtenaw,  two;  Allegan,  one;  Alpena, 
one;  Barry,  one;  Branch,  one;  Cass,  one;  Charlevoix,  one; 
Cheboygan,  one;  Chippewa,  one;  Clinton,  one;  Delta,  one; 
Dickinson,  one;  Eaton,  one;  Emmet,  one;  Gogebic,  one; 
Grand  Traverse,  one;  Gratiot,  one;  Hillsdale,  one;  Huron, 
one;  Ionia,  one;  Isatella,  one;  Lapeer,  one;  Livingston,  one; 
Macomb,  one;  Manistee,  one;  Mecosta,  one;  Menominee,  one; 
Monroe,  one;  Montcalm,  one;  Muskegon,  one;  Newaygo,  one; 
Oceana,  one;  St.  Joseph,  one;  Sanilac,  one;  Shiawassee,  one; 
Tu.scola,  one;  Van  Buren,  one. 

The  counties  of  Antrim  and  Kalka.ska  sliall  constitute  a  rep- 
resentative district  and  be  entitled  to  one  representative.  The 
election  returns  of  said  district  shall  be  made  to  the  county 
of  Antrim.  The  counties  of  Crawford,  Alcona,  Montmor- 
ency, Oscoda,  Otsego  and  Presque  Isle  shall  constitute  a  rep- 
resentative district  and  be  entitled  to  one  representative. 
The  election  returns  of  said  district  shall  be  made  to  the 
county  of  Presque  Isle.  The  counties  of  V^'exford  and  Mis- 
saukee shall  constitute  a  representative  district  and  be  en- 
titled to  one  representative.  The  election  returns  of  said 
district  shall  be  made  to  the  county  of  Wexford.  The  coun- 
ties of  Osceola  and  Clare  shall  constitute  a  representative 
district  and  be  entitled  to  one  representative.  The  election 
returns  of  said  district  shall  be  made  to  the  county  of  Osceola. 
The  counties  of  Mason  and  Lake  shall  constitute  a  rep- 
resentative district  and  be  entitled  to  one  representative. 
The  election  returns  of  said  district  shall  be  made  to  the 
county  of  Mason.  The  counties  of  Gladwin,  Koscommon  and 
Midland  shall  constitute  a  representative  district  and  be  en- 
titled to  one  representative.  The  election  returns  of  said 
district  shall  be  made  to  the  county  of  Midland.  The  coun- 
ties of  Benzie  and  Leelanau  shall  constitute  a  representative 
district  and  be  entitled  to  one  representative.  The  election 
returns  of  said  district  shall  be  made  to  the  county  of  Lee- 
lanau. The  counties  of  Arenac,  Iosco  and  Ogemaw  shall 
constitute  a  representative  district  and  be  entitled  to  one 
representative.  The  election  returns  of  said  district  shall  be 
made  to  the  county  of  Iosco.  The  counties  of  Alger,  Luce, 
Mackinac  and  Schoolcraft  shall  constitute  a  representative 
district  and  be  entitled  to  one  representative.  The  election 
returns  of  said  district  shall  be  made  to  the  county  of  School- 
craft. The  counties  of  Baraga,  Iron,  Keweenaw  and  Onton- 
agon   shall   constitute   a   representative   district  and   be   en- 


LAWS    RELATING    TO    ELECTIONS.  209 


titled   to   one   representative.     The   election   returns   of  said 
district  shall  be  made  to  the  county  of  Iron. 


An  Act  to  divide  the  state  of  Michigan  into  thirty-two  senatorial  dis- 
tricts. 

[Act   27.^!,   P.   A.    1007.] 

The  People  of  the  State  of  MkhUjan  enact: 

(637)     Section  1.    The  state  of  Michipran  shall  be  divided  Senatorial 
into  thirty-two  senatorial  districts,  and  each  district  shall  be 
entitled  to  elect  one  senatoi-,  and  Ihc  districts  shall  be  con- 
stituted and  numbered  as  follows: 

The  first  district  shall  consist  of  the  eleventh,  thirteenth, 
fifteenth  and  seventeenth  wards  of  Detroit  and  the  townships 
of  Gratiot,  Greenfield,  Grosse  Pointe,  Hamtramck,  Livonia, 
Plymouth,  Northville  and  Bedford; 

The  second  district  shall  consist  of  the  fifth,  seventh  and 
ninth  wards  of  Detroit; 

The  third  district  shall  consist  of  the  tirst,  second,  third, 
fourth  and  sixth  wards  of  Detroit; 

The  fourth  district  shall  consist  of  the  eighth,  tenth,  twelfth 
and  fourteenth  wards  of  Detroit; 

The  fifth  district  shall  consist  of  the  sixteenth  and  eight- 
eenth wards  of  Detroit  and  the  townships  of  SpringwelLs, 
Brownstown,  Canton,  Dearborn,  Ecorse,  Huron,  Monguagon, 
Nankin,  Romulus,  Sumpter,  Taylor,  Van  Buren  and  city  of 
Wyandotte,  in  the  county  of  Wayne; 

The  sixth  district  shall  consist  of  the  counties  of  Kala- 
mazoo and  St.  Joseph; 

The  seventh  district  shall  consist  of  the  counties  of  Berrien 
and  Cass; 

The  eight  district  shall  consist  of  the  counties  of  Allegan 
and  Van  Buren; 

The  ninth  district  shall  consist  of  the  counties  of  Calhoun 
and  Branch; 

The  tenth  district  shall  consist  of  the  counties  of  Jackson 
and  Hillsdale; 

The  eleventh  district  shall  consist  of  the  counties  of  St. 
Clair  and  Macomb; 

The  twelfth  district  shall  consist  of  the  counties  of  Oak- 
land and  Washtenaw; 

The  thirteenth  district  shall  consist  of  the  counties  of  Gene- 
see and  Livingston; 

The  fourteenth  district  shall  consist  of  the  counties  of  Ing- 
ham and  Shiawassee; 

The  fifteenth  district  shall  consist  of  the  counties  of  Barry, 
Eaton  and  Clinton; 
27 


210 


STATE  OF  MICHIGAN. 


The  sixteenth  district  shall  consist  of  the  first,  second, 
third,  fourth,  fifth,  tenth,  eleventh  and  twelfth  wards  of  the 
city  of  Grand  Rapids  in  the  county  of  Kent; 

The  seventeenth  district  shall  consist  of  the  sixth,  seventh, 
eighth  and  ninth  wards  of  the  city  of  Grand  Rapids  and  the 
townships  of  Tyrone,  Solon,  Nelson,  Spencer,  Sparta,  Algo- 
ma,  Courtland,  Oakland,  (Oakfleld),  Alpine,  Plainfield,  Can- 
non, Grattan,  Walker,  Grand  Rapids,  Ada,  Vergennes,  Wy- 
oming, Paris,  Cascade,  Lowell,  Byron,  Gaines,  Caledonia 
and  Bowue  in  the  county  of  Kent ; 

The  eighteenth  district  shall  consist  of  the  counties  of 
Ionia  and  Montcalm; 

The  nineteenth  district  shall  consist  of  the  counties  of  Mon- 
roe and  Lenawee; 

The  twentieth  district  shall  consist  of  the  counties  of  Hu- 
ron and  Sanilac; 

The  twenty-first  district  shall  consist  of  the  counties  of 
Tuscola  and  Lapeer; 

The  twenty-second  district  shall  consist  of  the  county  of 
Saginaw ; 

The  twenty  third  district  shall  consist  of  the  counties  of 
Muskegon  and  Ottawa; 

The  twenty-fourth  district  shall  consist  of  the  counties  of 
Midland  and  Bay; 

The  twenty-fifth  district  shall  consist  of  the  counties  of 
Mecosta,  Isabella  and  Gratiot; 

The  twenty-sixth  district  sliall  consist  of  the  counties  of 
Manistee,  Mason,  Lake,  Oceana  and  Newaygo; 

The  twenty-seventh  district  shall  consist  of  the  counties  of 
Antrim,  Kalkaska,  Missaukee,  Wexford,  Grand  Traverse,  Lee- 
lanau and  Benzie; 

The  twenty-eighth  district  shall  consist  of  the  counties  of 
Alcona,  Oscoda,  Crawford,  Iosco,  Ogemaw,  Roscommon,  Are- 
nac, Gladwin,  Clare  and  Osceola; 

The  twenty -ninth  district  shall  consist  of  the  counties  of 
Cheboygan,  Presque  Isle,  Alpena,  Emmet,  Charlevoix,  Otsego 
and  Montmorency; 

The  thirtieth  district  shall  consist  of  the  counties  of  Me- 
nominee, Delta,  Schoolcraft,  Luce,  Mackinac  and  Chippewa; 

The  thirty-first  district  shall  consist  of  the  counties  of  Go- 
gebic, Iron,  Marquette,  Dickinson  and  Alger; 

The  thirty-second  district  shall  consist  of  the  counties  of 
Ontonagon,  Houghton,  Keweenaw  and  Baraga. 

(638)  Sec.  2.  The  election  returns  of  each  county  form- 
ing one  district  shall  be  made  to  the  county  clerk's  office  of 
said  county.  The  election  returns  of  each  district  composed 
of  more  than  one  county  shall  be  made  to  the  county  clerk's 
office  of  the  county  in  which  the  largest  total  vote  for  presi- 
dential electors  was  cast  at  the  last  preceding  presidential 
election.  The  election  returns  of  each  district  composed  of  a 
portion  of  a  county  shall  be  made  to  the  county  clerk's  ofBce 
of  said  county. 


Election 
returns, 
where 
made. 


LAWS    RELATING    TO    ELECTIONS.  211 


An  Act  to  divide  the  state  of  Michigan   into   thirteen  congressional 

districts. 

[Act  337,   P.    A.    1913.] 

The  People  of  the  State  of  Michigan  enact: 

(G39)     Section  1.     This  state  shall  be  divided  into  thirteen  Apportiou- 
congressional  district.s  pursuant  to  a  ratio  of  representation  ^l^gionaf' 
fixed  by  an  act  of  congress  for  the  year  nineteen  hundred  diatricts. 
eleven,    for   the   apportioning   anew   of   the   representatives 
among  the  several  states,  and  each  district  shall  be  entitled 
to  elect  one  representative,  the  districts  to  be  constituted  and 
numbered  as  follows,  to-wit: 

First,  The  first  district  shall  consist  of  the  first,  third, 
fifth,  seventh,  ninth,  eleventh,  thirteenth,  fifteenth  and  sev- 
en teentli  wards  of  the  city  of  Detroit; 

Second,  Tlie  second  district  shall  consist  of  the  counties  of 
Jackson,  Washtenaw,  Monroe  and  Iveuawee,  and  the  follow- 
ing townships  of  Wayne  county :  The  townships  of  Plymouth, 
Canton,  Ecorse,  Taylor,  Komulus,  Van  Buren,  Sumpter, 
Huron,  Bi'ownstown  and  Monguagon,  and  the  city  of  Wyan- 
dotte ; 

Third,  The  tliird  district  shall  consist  of  the  counties  of 
Eaton,  Calhoun.  Kalamazoo,  Branch  and  Hillsdale; 

Fourth,  Tlie  fourth  district  shall  consist  of  the  counties  of 
Barry,  Allegan,  Van  Buren,  Berrien,  Cass  and  St.  Joseph ; 

Fifth,  The  fifth  district  shall  consist  of  the  counties  of 
Kent  and  Ottawa; 

Sixth,  The  sixth  district  shall  consist  of  the  counties  of 
Ingham,  Livingston,  Genesee  and  Oakland  and  the  towmships 
of  Grosse  Pointe,  Gratiot,  Hamtranick,  Greenfield,  Redford, 
Livonia,  Northville,  Nankin,  Dearborn  and  Springwells  in 
Wayne  county; 

Seventh,  Tlie  seventh  district  shall  consist  of  the  counties 
of  Huron,  Tuscola,  Sanilac,  Lapeer,  St.  Clair  and  Macomb; 

Eighth,  The  eighth  district  shall  consist  of  the  counties 
of  Gratiot,  Saginaw,  Clinton,  Shiawassee,  Ionia  and  Mont- 
calm; 

Ninth,  Tlio  nintli  district  shall  consist  of  the  counties  of 
Leelanau,  Benzie,  Grand  Traverse,  llanistee,  "Wexford,  Mason, 
Lake,  Oceana,  Newaygo,  Muskegon  and  Missaukee; 

Tenth,  The  tenth  district  shall  consist  of  the  counties  of 
Crawford,  Oscoda,  Alcona,  Rosconmion,  Ogemaw,  Iosco,  Os- 
ceola, Clare,  Gladwin,  Arenac,  Mecosta,  Isabella,  Midland 
and  Bay; 

Elevcntli,  The  eleventh  district  shall  consist  of  the  coun- 
ties of  Alger,  Delta,  Menominee,  Schoolcraft,  Luce,  Mackinac, 
Chippewa,  Emmet,  Cheboygan,  Presque  Isle,  Charlevoix, 
Antrim,  Otsego,  Montmorency,  Kalkaska  and  Alpena; 

Twelfth,  The  twelfth  district  shall  consist  of  the  counties 
of  Keweenaw,  Houghton,  Ontonagon,  Gogebic,  Baraga,  Iron, 
Marquette  and  Dickinson; 


212  STATE    OF   MICHIGAN. 


Thirteenth,  The  thirteenth  district  shall  consist  of  the  sec- 
ond, fourth,,  sixth,  eighth,  tenth,  t\velfth,  fourteentli,  six- 
teenth and  eighteenlli  wards  of  the  citj-  of  Detroit. 


LOCAL  OPTION  LAW. 

An  Act  to  prohibit  tlie  manufacture,  sale,  lieeping  for  sale,  giving 
away  or  furnishing  of  vinous,  malt,  brewed,  fermented,  spirituous 
or  intoxicating  liquors,  or  any  mixed  liquor  or  beverage,  any  part 
of  which  is  intoxicating,  and  to  prohibit  the  keeping  of  any  saloon 
or  other  place  for  the  manufacture,  sale,  storing  for  sale,  giving 
away  or  furnishing  of  such  liquors  or  beverages,  and  to  suspend 
the  general  laws  of  the  state  relative  to  the  taxation  and  regulation 
of  the  manufacture  and  sale  of  such  liquors  in  the  several  covin- 
ties  of  this  state  under  certain  circumstances;  to  authorize  the 
qualified  electors  of  the  several  counties  in  this  state  to  express 
their  will  in  regard  to  such  prohibition  by  an  election,  and  to 
authorize  and  empower  the  board  of  supervisors  of  the  several 
counties,  after  such  election;  if  they  shall  determine  the  result  to  be 
in  favor  of  such  prohibition,  to  prohibit  the  manufacture,  sale,  keep- 
ing for  sale,  giving  away  or  furnishing  of  any  such  liquors,  or  the 
keeping  of  a  saloon  or  any  other  place  for  the  manufacture,  sale, 
storing  for  sale,  giving  away  or  furnishing  of  the  same  within  their 
respective  counties;  and  to  provide  for  penalties  and  rights  of 
action  in  case  of  its  violation. 

[Act    207,    P.   A.    1889.] 

The  People  of  the  State  of  Michigan  enact: 

Local  option,  (640)  §  5412.  SECTION  1.  It  shall  be  unlawful  for  any 
when  effective,  person  directlv  or  indirectly,  himself  or  by  his  clerk,  agent  or 
employe,  to  manufacture,  sell,  keep  for  sale,  give  away  or 
furnish  any  vinous,  malt,  brewed,  fermented,  spirituous  or  in- 
toxicating liquors,  or  any  mixed  liquor  or  beverages,  any  part 
of  which  is  intoxicating,  or  keej)  a  saloon  or  any  other  place 
where  any  such  liquors  are  manufactured,  sold,  stored  for  sale, 
given  away  or  furnished  in  any  county  of  this  stale  on  and 
after  the  first  day  of  May  next  following  after  the  adoption 
by  the  board  of  supervisors  of  such  county  of  a  resolution 
prohibiting  the  same,  as  provided  by  section  thirteen  of  act 
number  two  hundred  seven  of  the  public  acts  of  eighteen  hun- 
dred eighty-nine,  as  amended,  so  long  as  said  resolution  re- 
Proviso,  mains  unrepealed :     Provided,  however.  That  the  provisions 

druggists.  pj  ^j^jg  section  shall  not  apply  to  druggists  or  registered  phar- 
macists selling  any  such  liquors  under  and  and  in  compliance 
with  the  restrictions  and  requirements  imposed  upon  them  by 
sections  twenty-five  and  twenty-six  of  this  act  and  who  have 
given  the  bond  required  by  the  general  liquor  law  of  this 
state. 

Am.    1899,   Act   183  ;   1909,    Act    107  ;   1911,  Act   261. 

Note. — Only  such  annotations  are  here  used  as  refer  to  the  holding  of 
elections  under  this  act.  For  more  complete  annotations,  see  sections  5412- 
5435,  C.  L.,   1897,  or  pamphlet  on  manufacture  and  sale  of  spirituous  liquors. 


LAWS   RELATING    TO    ELECTIONS.  213 

This  act  is  not  uuconslitiilional. — Feok  v.  Twp.  Board  of  BloominKdalc, 
82/ 393.  Tlie  amendment  of  the  local  option  law  by  Act  183  of  ISflO,  is 
not  objectionalilc  under  tlie  provisions  of  article  4,  section  20,  constitution  of 
1850,  althousli  the  original  act  authorizes  the  hoards  of  supervisors  to  act 
on  petitions  while  the  amendment  is   mandatory. — In  re  Wilson,   160/42. 

(641)  §  5413.'  Sec.  2.  On  and  after  the  first  day  of  May  f  ™^J^™;f 
next  followino-  after  the  ado])tion  by  the  board  of  supervisors  ^"^p™  ^ 
of  any  oonnty  of  a  resolution  ])roliibiting  the  manufacture 
of  liquors  and  the  liquor  tratflc,  as  hereinafter  provided  in 
sectifin  thirteen  of  this  act,  the  provisions  of  the  general 
laws  of  this  state  for  the  taxation  and  regulation  of  the 
business  of  manufacturing,  selling,  keeping  for  sale,  fur- 
nishing, giving  away  or  delivering  spirituous  and  intoxicating 
liquors  and  malt,  brewed,  fermented  and  vinous  liquors,  shall 
be  and  the  same  are  hereby  declared  suspended  and  super- 
seded so  far  as  relates  to  the  territory  and  municipalities 
within  the  limits  of  any  such  county. 

Am,  1899,  Act  183  ;  1911,  Act  261. 

(G42)     §  .5414.     Sec.  3.  .  In  order  to  a.scertain  the  will  of  Proceedings 
the  qualitied  electors  of  each  organized  county,  in  regard  to  the^wluot'tiie 
such  prohibition,  it  shall  be  the  duty  of  the  county  clerk  of  electors,  etc. 
the  counties  of  this  state,  severally,  upon  written   applica- 
tion and  petition  filed  with  hint  and  addressed  to  the  board  Petition. 
of  supervisf)rs  of  the  county,  signed  by  not  less  than  one-third 
of  all  the  qualified  electors  thereof,  as  shown  by  the  poll  lists 
or  returns  and  canvass  of  the  last  preceding  general  election 
for  state  officers  held  in  such  county,  praying  that  the  ques- 
tion, should  the  manufacture  of  liquor  and  the  liquor  traffic 
be  prohibited  within  the  county,  be  submitted  to  the  qualified 
electors  of  the  county,  to  lay  such  petitions  before  the  board 
of  supervisors  at  the  earliest  opportunity. 

Am.    1899.    Act    183. 

A  qualified  elector  is  one  who  meets  the  requirements  of  article  3.  section  1, 
constitution    of   1909. — Rutledgo  v.    Supervisors  of   Marquette   Co.,   160/22. 

(043)     §  541.5.     Sec.   4.     To    enable   the   county   clerk   to  ^^';f;^|f'J,j''';j^^.|, 
ascertain  that  the  petitioners  thus  praying  for  such  an  elec-  township 
titni  are  tiualified  electors  of  such  county,  and  that  they  con-  separately. 
stitute  at  least  one-fourth  of  all  the  electors  of  such  county,  as 
shown  by  the  jioll  list  or  the  returns  and  canvass  of  the  last 
jireceding  general  election.    To  enable  each  and  every  elector 
to  dcteriiiine  for  himself  if  his  name  has  been  fraudulently 
attached  to  said  petition,  it  is  hereby  required  that  the  signa- 
tures of  all  the  petitioners  residing  in  any  one  and  the  same 
township,  ward  or  election  district,  shall  be  attached  to  one 
petition  or  list,  sepai-ate  from  those  of  any  other  township, 
ward  or  election  district,  and  that  an  exact  copy  of  said  jieti-  signatures  to 
lion  and  of  all  the  signatures  thereto  shall  be  posted  in  three  pSblfc places, 
of  the  most  conspicuous  places  in  the  said  township,  ward  or 
election  district  for  at  least  ten  days  immediately  prior  to 
its  presentation   to  the  county   clerk.     Every   such  petition  To  be^accom- 
shall  be  accompanied  by  a  transcript  of  the  poll  list,  if  it  can  fra"i'lcrii'.t 
be  procured,  of  the  last  preceding  general  election,  held  in  of  poll  list. 


214 


STATE    OF   MICHIGAN. 


Affidavit  of 
posting. 


such  township,  ward  or  election  district,  certified  as  correct 
by  the  to\\Tiship,  city  or  county  clerk,  as  the  case  may  require, 
and  also  an  affidavit  or  affidavits,  by  one  or  more  resident 
electors  of  such  township,  ward  or  election  district,  stating 
therein  that  an  exact  copy  of  such  petition,  and  of  all  the 
signatures  thereto,  has  been  posted  in  three  of  the  most  con- 
spicuous places  in  such  township,  ward  or  election  district, 
for  at  least  ten  days  immediately  prior  to  its  presentation 
to  the  county  clerk ;  and  that  he  or  they  are  personally 
acquainted  with  said  petitioners  and  know  that  they  reside 
within  such  toT^-nship,  ward  or  election  district,  and  that 
the  signatures  are  the  genuine  signatures  of  the  persons  sign- 
ing the  petition,  and  of  the  persons  whose  names  severally 
appear  upon  such  transcript  of  the  poll  list,  or  if  such  trans- 
cript shall  not  have  been  procured,  then  that  the  persons 
whose  names  are  attached  to  said  petition  are,  to  the  best 
of  his  knowledge  and  belief,  qualified  electors  in  such  town- 
ship, ward  or  election  district :  Provided,  however,  That,  if 
for  any  reason  a  certified  transcript  of  any  poll  list  shall  not 
have  been  procured,  or  if  such  transcript  shall  be  defective, 
it  shall  be  sufticient  if  the  whole  number  of  all  the  petitioners 
is  equal  to  one-fourth  of  the  number  of  all  the  qualified  elect- 
ors of  sucli  county,  as  shown  by  the  returns  or  county  canvass 
of  the  last  preceding  general  election. 


Proviso  as  to 
transcript. 


If  the  petitions  presented  to  the  county  cleric  prn.ving  that  an  election  be 
held  are  accompanied  b.v  transcripts  of  the  poll  lists  of  the  last  preceding 
general  election,  as  provided  for,  the  fact  that  the  petitioners  whose  names 
appear  upon  the  poll  lists  still  reside  within  their  respective  townships, 
wards  or  election  districts  must  be  shown  by  the  affidavit  or  affidavits  of 
one  or  more  resident  electors  thereof,  upon  his  or  their  own  knowledge :  but 
if  such  transcripts  do  not  accompany  the  petitions,  the  affidavit  or  affldavlls 
need  only  state  that  the  persons  whose  names  are  attached  to  the  petitions 
are,  to  the  best  of  affiant's  knowledge  and  belief,  qualified  electors  in  such 
fownshlp,  ward  or  election  district,  which  implies  a  residence  within  the 
township. — Friesner  v.  Common  Council  of  Charlotte.  91  /  .504.  One  who  is 
a  registered  elector  is  a  qualified  voter  under  the  local  option  law,  althougli 
his  name  does  not  appear  upon  the  poll  lists. — Werstein  v.  Supervisors  of 
("alhoun  Co.,  1.56  /  G3.  Under  this  section,  affidavits  that  copies  of  the  local 
option  petitions  have  been  posted  ten  days  prior  to  their  presentation  to 
the  county  clerk  must  be  made  after  the  lapse  of  the  ten-day  period  in 
order  to  comply  with  the  statute. — Crawford  v.  Supervisors  of  Gratiot  Co., 
160/31. 


County  clerks  (644)  §  5416.  Sec.  5.  When  such  petitions  have  been 
tionllitc:""  jiresented  to  the  county  clerk,  he  shall  file  the  same  in  his 
fiffice,  and  when  it  shall  api^ear  upon  the  face  thereof,  and  by 
the  transcripts  of  the  poll  lists,  or  hy  reference  to  the  returns 
iind  canvass  of  the  last  general  election  that  such  submis- 
sion of  said  question  of  prohibition  has  been  prayed  for  by 
not  less  than  one-third  of  all  the  qualified  electors  of  the 
entire  county,  shown  as  aforesaid,  he  shall,  at  the  next  regular 
or  adjourned  meeting  of  the  board  of  supervisors,  call  the 
attention  of  the  board  to  the  fact  that  such  petitions  have 
been  received  and  filed  with  him. 

Am.  1899,  Act  183. 

The  resolution  of  the  board  of  supervisors,  adopted  in  conformity  to  law, 
and  the  record  being  regular,  that  an  election  under  the  local  option  law 
has  been  prayed  for  by  the  requisite  number  of  electors,  is  conclusive  of 
the  preliminary  steps  necessary  to  set  the  board  in  motion. — Thomas  v. 
Abbott,    105  /  087.      The   statute    does    not    provide   for    the    filing   or    keeping 


LAWS   RELATING    TO    ELECTIONS.  215 

of  any   separate  order,   distinct  from   that  entered  upon   the  journal,   and   the 

provision    that    the    lioard    "shall    thereupon    issue    an    order    directing    that 

such    election    be    held"    is    complied    witli    by    tlie    service    upon    the    officers 

named    in    tiie   act    of    copies   of   the    order,    and   tlie    pultiication   of   the    same. 

Where,    in    the   record    of   the    day's   proceedings,    other   matters   appear    besides 

the  resolution   or    order  of   the   board   directing   the   holding   of  a    local    option 

election,    it   is   proper  to   omit   such    irrelevant  matter  from    the   notices    served 

and   posted,   and    to   append   thereto   the  signatures  of  the   clcrii   and   cbnirmau 

found    at   the   close  of  the   day's   proceedings   as   recorded.      The   law    does   not, 

in    terms,    require  the   posting  of  the   certified    copy    of   the   order   served    upon 

the    township    clerk,    and    it    is    sufficient    if    said    order    is     embodied     in     the 

notice    of    election    posted    by    that    officer.      Throe    of    the    inspectors    signed 

the    original    canvass    of    the'   votes    given    in    tlieir    township    and    apparently  • 

all    Joined    in    the    returns   that   were    canvassed    by    the    board    of   supervisors, 

and    it    is    held    that    the    board    had    power    to    require    an    amended    return 

if   the  one   made   was    incomplete,    and    miglit,    in    certain    ca.ses.   proceed    and 

complete    the    canvass.      The    commissioners    of    electiou    have    authority    under 

the    more   recent    Australian   ballot    law.    to   provide    ballots   for   a    local   option 

election.      The   jurisdiction    being    shown    by    a    valid    record    and    canvass,    the 

determination    of  the  board   of  supervisors    as   to   the    result  of   a   local    option 

election  is   final. — Id. 

(645)     §  5417.    Sec.  6.    At  such  moetings  of  the  board  of  ^^J^^'^yjl'^'^y 
supervisors  it  shall  be  the  duty  of  the  county  clerk  to  lay  tore  super- 
before  them  petitions  filed  in  his  oflfice  praying  for  such  sub-  ^''^"''•'*- 
mission  of  said  question  of  prohibition,  and  when  upon  exam- 
ination, it  shall  appear  to  the  said  board,  upon  the  face  of 
said  petitions,  and  by  the  transcripts  of  the  poll  lists,  or  by 
reference  to  the  returns  and  canvass  of  the  last  general  elec- 
tion, that  such  submission  of  said  question  has  been  ])rayed 
for  by  the  requisite  number  of  electors,  as  hereinbefore  pro- 
vided, they  shall,  by  resolution,  determine  and  declare  to  that 
effect,  and  such  determinations  shall  be  final  as  to  the  suffi- 
ciency of  the  petitions  and  the  requisite  number  of  electors 
signing  the  same,  and  they  shall  thereupon  issue  an  order 
directing  that  such  question  shall  be  voted  upon  at  the  next 
annual  township  election  to  be  held  in  and  for  such  county. 
Raid  order  shall  recite:   The  filing  and  examining  of  the  peti  f)nierfor 
lions;   the  resolution    determining    and    declaring  that   said  ^vhatTo 
petitions  represent  not  less  than  one-third  of  all  the  qualified  recite. 
electors  of  the  county  as  shown  by  the  transcripts  of  the  poll 
lists,  or  the  returns  and  canvass  of  the  last  preceding  general 
election  for  state  officers  held  in  such  county ;  the  ordering 
of  the  question  of  prohibition  to  be  submitted  at  the  next  gen- 
eral election   for  township  officers   in  the  several   townships, 
villages  and  cities  in  the  county,  to  ascertain  whether  or  not 
it  is  the  will  of  the  electors  of  the  county  that  the  manufac- 
ture of  liquor  and  the  liquor  traffic  should    be    prohibited 
within  the  limits  of  the  county;  which  said  day  of  election 
shall  always  be  at  the  time  of  the  township  meeting  for  the 
election  of  township  officers.    Such  ordere  shall  be  entered  in  order  to  he 
full  upon  the  journal  of  the  proceedings  of  the  board  for  that  Journal.  """" 
day,  and  the  same  shall  be  signed  by  the  acting  chairman  and 
clerk   of  the   board  before  final    adjournment.     The  county  copy  to  he 
clerk  shall,  without  delay,  cause  a  copy  of  such  order,  duly  1"^  'nspectors 
certified  by  him,    to   be    delivered    to    the   township  clerk  of  "f  election 
each  township,    and  to  one  of  the  inspectors  of  election  of 
each  ward  or  election  district  of  every  city  in  the  county,  and  pj^.',![■i'„["''|,o„, 
shall  also  at  the  same  time  cause  such  order  to  be  published  published. 


216  STATE  OF  MICHIGAN. 


for  three  successive  weeks  in  two  newspapers  published  in 
the  county. 

Am.   Id. 

The  purpose  of  the  provisions  of  tlio  act  makins  the  determination  by  the 
board  of  supervisors  tliat  the  election  has  been  prayed  for  b.v  the  requisite 
number  of  electors  signing  the  same,  was  to  place  the  result  when  once 
reached  by  the  people,  beyond  controversy  or  collateral  attack,  which  power 
it  was  competent  for  the  legislature  to  confer  upon  the  board,  under  article 
4,  sec.  38,  of  the  constitution. — Friesner  v.  Common  Council  of  Charlotte, 
91  /  504.  The  provisions  fixing  the  time  when  the  different  proceedings 
•  taken    by    the    board    of    supervisors   under    the   act   shall    be   entered    on    their 

.iournal  and  signed  bv  the  acting  chairman  and  clerk,  are  mandatory. — 
Covert  V.  Treasurer  of  Gratiot  Co.,  93  /  603.  It  is  competent  for  the  board 
of  supervisors,  when  convened  for  the  purpose  of  determining  whether  or 
not  an  election  under  the  local  option  law  has  been  prayed  for  by  the 
requisite  number  of  electors,  to  collect  and  collate  the  required  statutory 
facts  through  a  committee  appointed  for  that  purpose. — Giddings  v.  Wells, 
99/221.  Sec.  2477.  C.  L.,  1897,  which  makes  it  the  duty  of  the  clerk  of 
the  board  of  supervisors  to  record  the  vote  of  each  supervisor  on  any  ques- 
tion submitted  to  the  board  when  required  by  any  member,  gives  an  ample 
remed.y  to  minorities,  and  where  the  record  sets  forth  the  adoption  of  a 
resolution  without  giving  the  yea  and  nay  vote,  it  will  be  presumed  that  it 
received  the  necessary  majority  vote  to  authorize  its  passage.  Where  the 
returns  made  by  the  inspectors  of  election  bear  date  as  of  the  day  on 
which  the  election  was  held,  it  will  be  presumed  that  the  inspectors  pre- 
pared the  same  "without  recess  or  adjournment,"  as  required  by  section  ten 
of  the  local  option  law.  The  consideration  by  the  board  of  supervisors,  in 
determining  the  result  of  an  election  under  local  option  law,  of  illegal  re- 
turns from  certain  townships,  will  not  invalidate  the  election,  where  the 
exclusion  of  such  returns  will  not  destroy  the  majority  in  favor  of  the 
proposition  submitted  to  the  electors.  The  operation  of  the  local  option 
law  in  a  given  county  does  not  depend  upon  the  forwarding,  without  delay, 
by  the  county  clerk  to  the  secretary  of  state,  of  a  certitied  transcript  of  the 
resolution  of  prohibition,  and  of  so  "much  of  the  journal  of  the  proceedings  of 
the  board  of  supervisors,  as  pertains  to  the  election,  including  the  tabular 
statement  of  votes.-  together  with  a  copy  of  the  affidavit  of  publication  of 
the  notice  of  the  adoption  of  the  resolution,  as  reciuired  l}y  section  fourteen 
of  the  local  option  law  :  and  the  failure  of  the  clerk  to  comply  with  said 
provision  will  not  defeat  the  proceeding.  Under  this  section  which  pro- 
vides that  the  order  of  the  board  of  supervisors  directing  that  an  election 
be  held,  "shall  be  entered  in  full  upon  the  journal  of  the  proceedings  of 
the  board  for  that  da,v.  and  the  same  shall  be  signed  by  the  acting  chairman 
and  clerk  of  the  board  before  final  adjournment."  it  is  sufficient  if  the  jour- 
nal for  the  day  is  signed  after  the  close  of  the  session. — Thomas  v.  Abbott. 
105  /  688.  The  determination  of  the  board  of  supervisors  that  a  sufficient 
number  of  qualified  voters  of  the  county  had  petitioned  for  the  suljmission 
of  the  question  in  the  county  is  final. — Koerber  v.  Supervisors,  155/677. 
This  section  gives  the  right  to  one  whose  name  has  been  fraudulently  placed 
upon  a  petition  to  have  it  erased,  but  does  not  confer  such  right  upon  one 
who  signs    the   petition    of   his   own    volition. — Id. 

Section  7  repealed.  1899,  Act  183.  As  to  sufficiency  of  petitions  and  affi- 
davits.— Madill  V.  Midland  Com.  Council,  156/56;  Werstein  v.  Supervisors 
of  Calhoun  Co..  156  /  63.  Tublication  of  notice  of  election. — Bauer  v.  Town- 
ship board  of  Denmark,  157/395.  The  record  of  the  board  of  supervisors 
evidencing  the  action  of  the  board  upon  a  petition  to  sulirait  to  the  voters  the 
question  of  the  adoption  of  local  option,  may  not  l)e  collaterally  attacked  be- 
cause of  the  failure  of  the  clerk  to  sign  the  record  before  the  final  adjourn- 
ment, where  the  record  had  been  signed  by  the  clerk  during  his  term  of 
ofUce,  and  had  been  read  and  approved  at  a  subsequent  meeting,  the  record 
of  which  was  properly  authenticated. — Derosia  v.  Loree.  158  /  64.  A  peti- 
tioner may  not  have  his  name  removed  after  the  petition  is  filed,  when 
the  signature  was  genuine  and  voluntary. — Kern  v.  Supervisors  of  St.  Clair 
Co.,  160/11;  see  also  Rutledge  v.  Supervisors  of  Marquette  Co.,  160/22; 
Lewis  V.  Supervisors  of  Montmorency  Co.,  164  /  595.  Tlie  boards  of  super- 
visors are  not  authorized  to  go  behind  the  petitions  and  affidavits  required  by 
statute  to  determine  the  qualifications  of  the  petitioners. — Flanders  v.  Super 
visors  of  Van  Buren  Co.,   160/27. 

Baiiou  who  (646)  §  5419.  Sec.  S.  Tlie  officers  whose  dut.y  it  is  to 
form  of,  etc.  provide  ballots  for  such  annual  township  election  shall  pro- 
vide suitable  ballots,  as  is  provided  for  in  section  forty-eight 
of  act  number  two  hundred  sixty-six  of  the  session  laws  of 
eighteen  hundred  ninety-seven,  containing  the  question,  "Shall 
the  manufacture  of  liquors  and  tlie  liquor  traffic  l)e  prohib- 
ited within  the  county?" 

Am.    1.899,   Act   183. 


LAWS    RELATING    TO    ELECTIONS.  217 

(647)     §  5420.    Sec.  9.    All  persons  entitled  under  the  law  Quaiiflration 
of  this  state  to  vote  for  sni)ervisor  j<hall  he  deemed  qualified  "' "'*''=''"'*'■ 
to  vote  upon  the  question  of  prohibili(Ui  provided  for  in  this 
net.     The  reaistratiim  of  tiie  (nullified  electors,  the  hours  of  lifgi.stiation, 
ojK'iiing  and  elosing  the  polls,  the  manner  ot  votuig,  and  ot  ed,  etc. 
holding  and  eonducling  an  election   under  this  act,  and  the 
I)ower  and  duty  of  Ihe  boards  of  regisl ration,  of  inspeetion  of 
election,  towjaship  boards  and  common  ct)unci],  and  all  other 
(ifficers  with  reference  to  such  election,  shall  be  the  same  in 
every  respect  as  in  the  case  of  annual  township  elections,  or 
(he  election  of  members  of  the  board  of  supervisors,  except  as 
otherwise  provided  for  by  this  act  so  far  as  the  same  shall  be 
applicable:    Provided,  however,  That  such  proposition  having  Proviso  as  to 
been  once  submitted  and  decided  either  way  by  a  majority  of  qiestion"*^ 
the  votes  of  the  qualified  electors  in  any  county  in  the  state, 
voting  thereon,  the  same  shall  not  he  again  submitted  in  such 
county  within  a  period  of  two  years  next  thereafter,  but  may, 
at  any  time  after  the  expiration  of  such  period  upon  a  like 
[letition  and  action,  be  again  submitted,  and  so  on,  at  the 
expiration  of  not  less  than  two  years  after  such  election. 

.\m.    Id. 

E.XI'IR.\TION  OF  TWO  \'E.\RS  :  See  Kcpfor  v.  Hillsdale  Co.,  109/045. 
The  two  years  arc  political,  and  not  calendar  years.  An  election  on  April 
:!,  1011.  t'oUowing  one  on  April  5,  1909,  was  valid. — Cattle  Creek  Brewin,g 
Co.    V.    Supervisors,    166/52. 

(G4S)      §  5421.     Sec.  10.     At  the  close  of  the  canvass,  and  stat«n|n^t  "[^^ 
after  declaring  the  result  of  the  vote,  and  without  recess  or  inspectors.' 
adjournment,  the  inspectors  shall   draw   up  a  statement  of 
such  result  and  cause  a  duplicate  thereof  to  be  made,  which 
stalement  and  duplicate,  together  with  the  poll   lists,  shall 
be  certified  by  the  inspectors  to  be  correct,  and  shall  be  sub- 
scribed  witli   their  names.     Such   statement   shall   set   forth  Contents. 
in  words  at  length  the  whole  nundier  of  votes  given  upon  the 
proposition  submitted,  and  the  whole  number  of  votes  cast 
".yes"  and  the  whole  number  of  votes  cast  "no"  thereon,  and 
tiie  majority  for  or  against  the  proposition.    Said  statements,  Tobenied. 
together  with  the  poll  lists,  shall  forllnvith  be  filed  by  the 
ins])ectors  with  the  townshij)  or  city  clerk,  one  cojn'  of  each  of 
which  shall  be  filed  and  preserved  in  his  office,  and  the  other 
Iransmitted  by  him  to  the  county  clerk  of  the  county  within 
five  (lavs  after  such  vote  shall  be  taken,  and  there  remain  on 
file. 

WITHOUT  recess,  etc.:  This  provision  relative  to  drawing  np  the 
stalement  is  mandatory. — Covert  v.  Munson,  93/005.  See  CJiddings  v.  Wells. 
99/224. 

(049)     S  5422.    Sec.  11.    The  board  of  supervisors  of  such  Hoard  of 

V"^";       s     j^— .         IV,.  1  ,        ,       ,.         supervisors, 

county   shall  meet  on  the  first  Monday  after  such  election  when  to 
1o  canvass  the  vote  of  the  county,  and  shall  ascertain,  deter- ™tfv.as"'vote.. 
mine  and   declare  the   result  thereof.     At  such   meeting    the 
county  clerk  shall  lay  before  the  board  the  sfatonumts  of  the 
votes  of  the  several  townships,  wards  and  election  districts 


218 


STATE  OP  MICHIGAN. 


filed  with  him,  as  above  provided.  Such  canvass,  determina- 
tion, and  dechuatinn  of  the  result,  togethci-  with  a  tabular 
statement  of  all  the  votes  cast,  shall  be  entered  in  full  upon 
llie  journal  of  their  proceedings  for  that  day,  and  the  same 
shall  be  signed  by  the  acting  chairman  and  the  clerk  of  the 
Proviso.  board:     Provided,  That  if  any  such   statement  or  poll   list 

shall  not  be  made,  certified  or  returned,  as  provided  in  sec- 
tion ten  of  this  act,  the  board  of  supervisors  may,  at  such 
meeting,  send  for  the  same  and  require  the  same  to  be  certi- 
fied and  made,  the  same,  and  with  like  power  and  authority, 
as   the  board  of  county  canvassers  at  general  elections. 

Where  the  board,  on  the  day  provided  by  statute  for  cinvassing  the  result 
of  such  election,  met  and  appointed  a  committee  to  tabulate  the  vote  from  the 
returns  of  the  different  precincts,  and  took  a  recess  until  the  following  day 
when  the  report  of  said  committee  and  the  returns  were  submitted  and  the 
proposition  declared  to  be  carried,  was  not  fatal  to  the  validity  of  the  elec- 
tion :  such  provision  being  directory. — Madill  v.  Midland  Com.  Council,  156  / 
57. 


In  ease  town-  (650)  §  5423.  Sec.  12.  In  case  any  township,  ward  or 
sha^i  r^efuse  to  clectiou  district  shall  refuse  or  neglect  to  hold  an  election 
hold  election.  ^^  ^j^g  fjnie  or  in  the  manner  required  under  this  act,  or  in 
case  the  statement  of  the  votes  of  any  one  or  more  townships, 
wards,  or  election  districts  shall  be  unlawfully  withheld  from 
such  board  of  supervisors,  and  it  shall  appear  to  said  board 
of  supervisors  upon  inquiry  that  such  refusal  or  neglect  to 
hold  an  election,  or  that  such  withholding  of  any  statement 
of  the  votes  is  done  for  the  purpose  of  preventing  a  full 
expression  of  the  will  of  the  electors  of  such  county  upon  the 
proposition  so  submitted,  it  shall  nevertheless  be  lawful  for 
such  board  to  proceed  with  the  canvass  of  the  votes  and 
declare  the  result  thereof,  the  same  as  though  no  such  refusal 
or  neglect  to  hold  such  election  or  the  withholding  of  any 
such  statement  had  taken  place;  and  such  refusal,  neglect  or 
withholding  shall  in  no  wise  aft'ect  or  invalidate  the  result  of 
the  election  as  determined  and  declared  by  such  board. 

Fcek   V.   Twp.   Board,   .S2  /  410  ;   Thomas  v.  Abbott,    105  /  692. 

(G51)  §  5424.  Sec.  13.  When  the  result  of  the  county 
canvass  shall  show  that  a  majority  of  all  the  legal  voters 
voting  on  such  proposition  shall  have  voted  to  prohibit  within 
such  county  the  manufacture  of  liquors  and  the  liquor  traffic, 
and  when  the  board  of  supervisors  shall  have  so  determined 
and  declared,  as  hereinbefore  provided,  it  shall  be  the  duty  of 
such  board  of  supervisors  to  order  the  prohibition  within 
the  limits  of  such  county  of  the  manufacture,  sale,  keeping 
for  sale,  giving  away  or  furnishing  of  any  vinous,  malt, 
brewed,  fermented,  spirituous  or  intoxicating  liquors,  or  any 
mixed  liquor  or  beverage,  any  part  of  which  is  intoxicating, 
Resoiutmn  of  and  to  prohibit  the  keeping  of  a  saloon  or  any  other  place 
where  such  liquors  are  manufactured,  sold,  stored  for  sale, 
given  away  or  furnished,  by  resolution,  adopted  at  that  same 
meeting  of  the  board,  or  at  a  meeting  to  which  the  same  may 


Duty  of  super- 
visor.s.  wlien 
vote  is  in  the 
affirmative. 


prohibition. 


LAWS   RELATING   TO   ELECTIONS.  219 

be    adjonniGcl    not  more  than  ten    days    after  such  canvass. 
Such  resohitiou  shall  be  spread  in  full  upon  the  journal  of  Entered  upon 
their  proceedings  and  shall  .set  forth  in  a  preamble  the  fact^""™''' 
that  an  election   submitting  a   projjosition   of  prohibition  as 
aforesaid  was  duly  held  in  the  county;  that  sufficient  returns 
and  statements  have  been  canvassed  by  them  and  the  result 
thei-eof  ascertained;  that  such  result  was  in  the  affirmative  of 
such  proposition,  giving  the  majority,  and  that  the  same  has 
been  so  determined  and  declared  by  them.    Such  resolution  when  to 
of  prohibition  shall  take  full  effect  in  such  county  on  the  first  "^  •**  ^ 
day  of  May  next  following  its  adoption,  and  shall  not  be  sub-  when  not 
ject  to  repeal  by  the  board  of  supervisors  within  two  years  repeal.' '" 
next   thereafter,   after   the  expiration   of  which    period    the 
board  may  again  on  petition  of  one-third  of  all  the  qualified 
electors  thereof,  as  shown  by  the  poll  lists  or  returns  and  can- 
vass of  the  last  preceding  general  election  for  state  officers 
held  in  the  county,  by  a  majority  vote  of  all  the  members 
elect  act  as  in  the  first  instance,  and  repeal  such  resolution 
of  prohibition,  but  not  unless  a  majority  of  the  electors  of  the 
county,  voting  on  such  proposition,  at  a  subsequent  election 
duly  lield  in  accordance  with  the  provisions  of  this  act,  shall 
have  declared  against  the  prohibition  of  the  manufacture  of 
li(luor  and  of  the  traffic  therein,  and  upon  the  repeal  of  such  Kesuitof 
resolution  of  prohibition    by    the    board  of    supervisors,  all  '^'^'"^^ '  **'^' 
former  susjiension  and  superseding  of  the  general  laws  of  the 
state  relative  to  the  taxation  and  regulation  of  the  manufac- 
ture and  sale  of  intoxicating  liquoi-s,  as  provided  in  section 
two  of  this  act.  shall  cease  within  such  county :     Provided.  Proviso, 
however.  That  all  actions  which  may  have  been  brought  and 
all  rights  of  actions  which  may  have  acci-ued  before  such  re- 
peal shall  remain  and  continue  to  exist  as  fully  as  if  no  such 
repeal  had  taken  place. 

Am.    1809,   Act  183. 

Feek  v.  Twp.  Board,  82/ 414;  Kecfer  v.  Supervisors,  109/645.  As  to 
finality  of  determination  of  board  of  supervisors. — Haehnle  Brewing  Co.  v. 
Supervisors,  luG  /  493.  SuflBciency  o£  resolution  adopted  by  the  board  of  super- 
visors.— I'aul  V.  Benzie  Circuit  Judge,  lli9/452.  The  saving  clause  at  tlie  end 
of  tlie  sect  ion  refers  to  criminal,  as  well  as  civil  actions,  and  a  respondent 
senlenced  under  the  statute  was  not  entitled  to  a  release  on  habeas  corpus 
because    of  a   repeal   of   the  law   by   an   election. — In   re   Adler,   171  /  203. 

(G.52)     §  5425.     Sec,  14.     It  shall  be  the  duty  of  the  clerk  cierk  to 
of  such  board  of  supervisors  to  publish  without  delay,  once  Sf'resouu'ion. 
in  each  week  until  the  first  day  of  the  next  May,  in  a  newspa- 
per published  and  circulating  in  such  county,  to  be  desig- 
nated by  the  board,  a  copy  of  the  preamble  and  resolution 
adopted  by  the  board,  as  provided  by  section  thirteen  of  this 
act:     I'rovided.    That    if    such    pr()j)Osition    shall    have   been  provi.so. 
decided  in  the  negative,  such  publication  shall  not  be  required. 
The  said  clerk  shall  also,  without  delay,  forward  to  the  sec-  cierk  to 
retary  of  state  a  certified  transcript  of  such  resolution  and  g^reury  of 
of  so  much  of  the  journal  of  the  proceedings  of  the  board  of  ^^^'pt'ot "^so- 
supervisors  as  pertains  to  such  election,  including  the  tabular  lution,  etc. 


220 


STATE    OF   MICHIGAN. 


statement  of  votes,  togetlicr  with  a  copy  of  the  afHdavit  of 
publication  of  the  notice  of  the  adoption  of  the  resolution. 
Such  original  affidavit  of  publication  shall  be  filed  with  the 
clerk  of  the  board  of  supervisors,  and  lie  shall  spread  the 
same  on  the  records  of  (he  board,  fullowiug  the  record  of  the 
adoption  of  the  resohition  of  prohibition,  and  the  said  clerk 
shall  state  next  on  the  record  the  date  when  said  notice  and 
affidavit  of  publication  was  entered  for  record,  and  shall  then 
sign  the  record  officially.  The  i"ecord  of  such  resolution  of 
prohibition  and  the  ptiblication  of  notice,  and  all  duly  certi- 
fied copies  thereof,  shall  be  the  evidence  of  the  facts  therein 
stated  so  far  as  relates  to  the  territory  and  municipalities 
within  the  limits  of  said  county;  and  the  regularity  of  any 
proceedings  prior  to  the  adoption  of  such  resolution  by  the 
board  of  supervisors  shall  not  be  open  to  question  on  the  ex- 
amination or  trial  of  any  person  for  the  violation  of  any  of 
the  provisions  of  section  one  of  this  act. 


Record  of 
publication  to 
be  evidence. 


Am.   Id. 

DESIGN.\TION  OF  NEWSPAPER:  The  statute  requires  a  designation 
Ijy  the  board  when  declaring  the  result.  A  prior  letting  of  the  county  print- 
ing to  certain  papers  is  not  sufflcient.  The  record  of  the  proceedings  is 
fatally  defective  it  it  does  not  contain  such  a  designation. — Moran  v.  Co. 
Treasurer.   07  /  1 S6. 

TR.\NSCRII'T  :  The  operation  of  the  law  is  not  made  to  depend  upon  the 
forwarding  or  filing  of  this  transcript  and  the  failure  of  the  clerk  to  comply 
with  this  provision  will  not  defeat  the  proceedings. — Giddings  v.  Wells, 
99  /  224. 

AFFIDAVIT  OF  PUBLICATION:  SufflcietfCy  of.— People  v.  Whitney, 
105  /  633. 

RESOLUTION  AND  PUBLICATION:  The  adoption  of  the  proper  resolu- 
tion and  the  publication  of  a  notice  of  its  adoption  are  the  only  conditions 
required  to  put  the  law  in  force.  The  clerk  acts  in  a  ministerial  capacity  in 
recording  these  resolutions,  and  the  will  of  the  electors  cannot  he  thwarted 
by  his  failure  to  properly  perform  a  ministerial  duty. — People  v.  Hamilton, 
143/1.      See   also    People   v.    Fisch,    164/680. 


When  certain 
provisions  to 
take  effect. 


Proviso. 


(Go3)  §  3426.  Sec.  15.  The  prohibitory  provisions  of  this 
act  shall  take  effect  and  have  full  force  within  such  county 
of  this  state  on  and  after  the  first  day  of  May,  immediately 
following  the  adoption  by  the  board  of  supervisors  of  sucli 
county  of  the  resolution  ordering  such  prohibition  and  upon 
publication  of  the  notice  of  the  adoption  of  such  resolution : 
Provided,  however.  That  nothing  in  this  act  shall  be  so  con- 
strued as  to  prohibit  the  sale  of  wine  for  sacramental  pur- 
poses, nor  shall  anything  herein  contained  prohibit  druggists 
or  registered  pharmacists  iiimx  selling  or  furnishing  pure 
alcohol  for  medicinal,  art,  scientific  and  mechanical  purposes, 
nor  prohibit  the  sale  of  M'ine  or  cider  from  home-grown  fruit 
in  quantities  of  not  less  than  five  gallons,  nor  shall  the  provi- 
sions of  this  act  be  construed  to  prohibit  the  manufacture  of 
wine  or  cider,  nor  shall  the  provisions  of  this  act  be  construed 
to  prohibit  the  sale  at  wholesale  of  wine  or  cider  manu- 
factured in  said  county  to  parties  who  reside  outside  of  said 
county. 

Am.    1899,    Act    183 ;    1903,    Act    170. 

Sections   16,    17.    18    and    19   contain   provisions   relative    to    the   enforcement 
of  the  act,   if  adopted   by   the   electors. 


LAWS   RELATING    TO    ELECTIONS.  221 

(054)      §  5431.     Sec.  20.     Any  townsliip,    cit.v,    or  county  I'enaUy  on 
clerk,  member  of  the  board  of  registration,  inspector  of  elec-  !'efs^'nr°il!^K- 
tion,  sui>ervisor  or  other  officer,  who  shall  refuse  or  wilfully  '*'^^'  °^  '^"'■^• 
evade  or  neglect  to  perform  any  of  the  duties  imposed  upon 
him  by  the  provisions  of  this  act,  shall,  upon  conviction  there- 
of, be  adjudged  guilty  of  a  misdemeanor  and  shall  be  pun- 
ished by  a  tine  not  exceeding  two  hundred  dollars,  or  by  im- 
prisonment in  the  county  jail  not  exceeding  six  months,  or 
both,  in  the  discretion  of  the  court. 

(fi5o)     §  5432.     Sec.  21.     The  several  officers  required  to  compensation 
render  any  service  by  reason  of  this  act  shall  receive  the  same  officers. 
compensation  allowed  by  law  for  other  like  services  and  from 
the  same  sources,   and  the  fees  for  publishing  the  required 
notices  shall  be  allowed  by  the  board  of  supervisors  and  paid 
by  the  county. 

'  (650)      §  54:]3.     Sec.  22.     It  shall  be  the  duty  of  any  town-  when  ceriain 
ship,  city  or  county  clerk  on  the  demand  of  any  qualified  make"opy 
elector  in  the  county,  and  on  payment  or  tender  to  him  of  the  °'  p°"  ''^' 
fee  herein  prescribed,  to  make  out  within  a  reasonable  time 
and  at  his  office  deliver  to  such  elector  a  true  and  certified 
copy  of  the  poll  list,  or  poll  lists  of  the  last  general  election 
held  in  hi.s  township,  city  or  county,  on  file  in  his  office,  for 
which  he  shall  be  entitled  to  receive  at  the  rate  of  fifty  cents 
for  ever}'  one  hundred  names. 

(057)'    §  5434.     Sec.  23.     The  secretary  of  state  is  hereby  ^^^^f^^^'^^ 
required  to  prepare  all  suitable  blank  statements  and  poll  pare^iiiank*^ 
books  to  be  used  at  elections  held  under  this  act,  and  to  fur-  pou7)oo"'s'^' 
nish  the  same  in  sufficient  numbers  iipon  application  to  each 
county  clerk,  whenever  they  shall  be  needed  in  the  county. 
And  it  shall  be  the  duty  of  such  county  clerk,  whenever  such 
election  is  to  be  held  in  the  county,  to  make  requisition  upon 
the  secretary  of  state  for  a  sufficient  number  of  such  blank 
statements  and  poll  books,  and  at  least  ten  days  before  such 
election  distribute  and  deliver  the  same  to  the  several  town- 
ship and  citv  clerks  in  the  county. 

(058)     §  5435.     Sec.  24.     It  shall  be  the  duty  of  the  at-  ^J'Vne?ai''to 
tomey  general  to  draft,  or  cause  the  same  to  be  done,  under  draft  blank 
his  supervision,  a  complete  set  of  all  the  blank  forms  that  '•"■""• 
may  be  used  or  required  xuider  the  provisions  of  this  act;  and 
it  shall  be  the  duty  of  the  secretary  of  state  to  publish  and 
distribute  a  sufficient  number  of  copies  of  this  act  in  pam- 
[ihlet  form,  with  an  appendix  containing  a  copy  of  all  such 
blank  forms. 

Section  25  was  added  in  1R90,  .Act  18.3,  amended  in  1909,  Act  107,  and  re- 
lates  to    the   recoi'ding   of    sales    of  Uquors   by   druKffists. 

Sections  20-39  comprise  the  so-called  "search  and  seizure"  act,  were  added 
by   Act   107   of   ll'Oli   ;ind   do   not  -relate  directly   to   elections. 


222 


STATE   OF   MICHIGAN. 


HOLIDAYS. 

An  Act  to  designate  the  holidays  to  be  observed  in  the  acceptance 
and  payment  of  bills  of  exchange  and  promissory  notes,  In  the 
holding  of  courts^  and  relative  to   the  continuance  of  suits. 

[Act    124,    S.    L.    1865.] 


Holidays 
designated. 


Proviso, 

Saturdays. 


Proviso  as  to 
suits. 


Proviso  as  to 
circuit  courts. 


The  People  of  the  State  of  Michigan  enact: 

(G59)  §  4880.  Section  1.  The  following  days,  namely: 
the  first  day  of  January,  commonly  called  New  Year's  day ; 
the  twelfth  day  of  February,  commonly  called  Lincoln's  birth- 
day; the  twenty-second  day  of  February,  commonly  called 
Washington's  birthday;  the  thirtieth  day  of  May,  commonly 
called  Decoration  day ;  the  fourth  day  of  July ;  the  first 
Monday  of  September,  commonly  called  Labor  day;  the 
twenty-fifth  day  of  December,  commonly  called  Christmas 
day;  every  Saturday  from  twelve  o'clock  noon  iiutil  twelve 
o'clock  at  night,  which  is  hereby  designated  a  half  holiday;  all 
national,  state,  county  or  city  election  days,  and  any  day 
appointed  or  recommended  by  the  governor  of  this  state,  or 
the  president  of  the  United  States  as  a  day  of  fasting  and 
prayer  or  thank.sgiviiig,  shall,  for  all  purposes  whatever  as 
regards  the  present ing  for  payment  or  acceptance,  and  of 
the  protesting  and  giving  notice  of  the  dishonor  of  bills  of 
exchange,  bank  checks  and  promissory  notes,  made  after  this 
act  shall  take  effect,  also  for  the  holding  of  courts,  except 
as  hereinafter  provided,  be  treated  and  considered  as  the 
first  day  of  the  week,  commonly  called  Sunday,  and  as  pub- 
lic holidays  or  half  holidays;  and  all  stich  bills,  checks  and 
notes  otherwise  presentable  for  acceptance  or  payment  on  any 
of  the  said  days  shall  be  deemed  to  be  payable  and  present- 
able for  acceptance  or  i)ayment  on  the  secular  or  business 
day  next  succeeding  such  holiday  or  half  holiday :  Provided, 
That  in  construing  this  section,  every  Satuday  unless  a  whole 
holiday,  as  aforesaid,  shall  for  the  holding  of  court  and 
the  transaction  of  any  business  authorized  by  the  laws  of 
this  state  be  deemed  a  secular  or  business  day:  Provided 
also.  That  in  case  the  return  or  adjourn  day  in  any  suit, 
matter  or  hearing  before  any  court,  officer,  referee  or  arbi- 
trators shall  come  on  any  of  the  days  fii-st  above  named 
except  Sunday,  such  suit,  matter  or  proceeding,  commenced 
or  adjourned  as  aforesaid,  shall  not,  by  reason  of  coming  on 
any  of  such  days  except  Sunday,  abate,  but  the  same  shall 
stand  continued  on  the  next  succeeding  day,  at  the  same 
time  and  place  unless  the  next  day  be  the  first  day  of  the 
week,  or  a  holiday,  in  which  case  the  same  shall  stand  con- 
tinued to  the  next  day  succeeding  said  first  day  of  the  week 
or  holiday,  at  the  same  time  and  place:  Provided  further, 
That  whenever  the  first  day  of  the  general  term  of  any  cir- 
cuit court,  as  fixed  by  the  order  of  a  circuit  judge  shall  fall 


LAWS    RELATING    TO    ELECTIONS.  223 

upon  either  of  the  days  first  above  named  or  whenever  any 
circuit  court  shall  be  adjourned  to  any  of  the  days  first  above 
named,  such  court  may  be  adjourned  to  the  next  succeeding; 
secular  day :  Provided  further,  That  nothing  herein  con-  Furtiior 
tained  shall  be  construed  to  prevent  or  invalidate  the  entry,  fegaVpfocess. 
issuance,  senice  or  execution  of  any  writ,  summons  or  con- 
fession of  judgment  or  other  legal  process  whatever,  holding 
courts  or  the  transaction  of  any  lawful  business  except  bank- 
ing on  any  of  the  Saturday  afternoons  herein  designated  as 
half  holidays,  nor  to  prevent  any  bank  from  keeping  its 
doors  open  or  transacting  its  business  on  any  of  the  said 
Saturday  afternoons,  if  by  a  vote  of  its  directors  it  elects 
to  do  so. 

Am.   1903.   .\ct   2.54  ;    1903.   Act  3^  :   1909,   Act  246. 

The  use  of  the  words  "any  day"  instead  of  "the  day."  shows  that  the 
intent  of  the  legislature  was  not  to  limit  the  holidays  to  the  general  Thanks- 
giving day,  but  to  all  days  designated  as  days  of  "fasting  and  prayer  or 
thanksgiving." — People   v.   Ackerman,    50  /  500. 

(660)     §  4881.     Sec.  2.     Whenever  the  first  day  of  Janu-  ^''.^-'J^'jfjjp. 
ary,  the  twelfth  day  of  February,  tlie  twenty-second  day  of  on^sunday. 
February,  the  thirtieth   day  of  'May,  the  fourth  day  of  July 
or  the  twenty-fifth  day  of  December  shall  fall  upon  Sunday, 
the  next  Monday  following  shall  be  deemed  a  public  holiday 
for  any  or  all  of  the  purposes  aforesaid:    Provided,  however,  ?''%'p°i;^'ete 
That  in  such  cases  all  bills  of  exchange,  checks  and  promis- 
sory notes  made  after  the  passage  of  this  act  which  would 
otherwi.se  be  presentable  for  acceptance  or  payment  on  said 
Monday  shall  be  deemed  to  be  presentable  for  acceptance  or 
]>ayment  on  the  secular  business  day  next  succeeding  such 
holiday. 

Added  1893,  Act   185;  Am.   1900,  Act  246. 


An  Act  designating  the  twelfth  day  of  October  of  each  year  as  a  pub- 
lic  holiday,    to    be    known    as   "Columbus    day." 

(Act   258,    P.   A.    1909.1 

The  People  of  the  State  of  Michigan  enact: 

(661)     Sectio.v  1.     The  twelfth  day  of  October  of  the  vear  Coiumbus 
nineteen  hundred  nine,  and  the  tn'elfth   day  of  Octoljer  of  holiday. 
each  year  thereafter  is  hereby  declared  a  public  holiday  to 
be  knowTi  as  "Columbus  day"  and  the  same  shall  be  recog- 
nized, classed  and  treated  as  other  legal  holidays  under  the 
laws  of  this  state:    Provided,  That  this  act  shall  not  be  con-  Proviso. 
strned  to  affect  commercial  paper,  the  making  or  execution  paper,  etc. 
of  agreements  or  instruments  in  writing,  or  interfere  with 
judicial  proceedings. 


224 


STATE  OF  MICHIGAN. 


TERMS  OF  MEMBERS  OF  POLITICAL  COMMITTEES. 

An  Act  to  fix  the  term  of  office  of  members  of  city  and  ward  political 
committees  in  cities  having  a  population  of  over  three  hundred 
fifty  thousand  inhabitants. 

[Act   91,    P.    A,    1913.] 


Terms  of 
office. 


The  People  of  the  State  of  Michigan  enact: 

(662)  Section  1.  The  terms  of  oflfice  of  all  members  of 
any  city  or  ward  committee  of  any  political  party  in  any 
city  of  this  state  having  a  population  of  over  three  hundred 
fifty  thousand  inhabitants  shall  be  for  two  years  from  and 
after  the  first  day  of  Januai-A-  next  following  their  election, 
or  until  their  successors  are  elected  and  qualified,  and  the 
present  members  of  said  committees  shall  continue  in  office 
until  the  first  day  of  January  in  the  year  nineteen  hundred 
fifteen. 


CHAPTER  XIV.— PRIMARY  ELECTION  LAW. 

An  Act  relative  to  the  nomination  of  party  candidates  for  public 
office  and  delegates  to  political  conventions,  to  regulate  primary 
elections  and  to  prescribe  penalties  for  violations  of  its  provisions, 
and  to  provide  for  the  printing  upon  election  ballots  of  the  names 
of  candidates  nominated  under  the  terms  of  this  act,  and  to  repeal 
act  number  four  of  the  public  acts  of  the  extra  session  of  the  year 
nineteen  hundred  seven,  and  all  local  primary  election  acts  contra- 
vening the  provisions  of  this  act,  except  as  in  this  act  otherwise 
provided. 

[.ict    281,    P.    A.    1909.] 


Nomination 
b.y  direct 
vote. 


The  People  of  the  State  of  Michigan  enact: 

(663)  Section  1.  Whenever  any  primary  election  shall  be 
held  in  this  state  or  in  any  city,  county,  or  district  in  this 
state,  pursuant  to  the  pi'ovisions  of  this  act.  the  nomination 
of  candidates  for  the  offices  herein  named,  by  each  political 
party,  shall  be  made  by  direct  vote  of  the  registered  and 
qualified  voters  of  such  political  party  in  the  state  or  in  any 
district,  couuly,  or  city  in  this  state,  as  the  case  may  be,  in 
the  manner  hereinafter  provided. 

Am.    1913.    Act    118. 

See  Bradley  v.  Bd.  of  State  Canvassers,  154  /  274  ;  Line  v.  Election  Com'rs. 
154/329. 

Primary  (664)     Sec.  2.     All  primary  elections  shall,  except  as  here- 

ctmducted!""'   ID  otherwise  provided,  be  conducted  and  regulated  as  near 

*"^'  as  may  be  in  every  particular  as  prescribed  by  law  for  the 

regulation  and  conduct  of  general  elections.     The  provisions 


LAWS    RELATING    TO    ELECTIONS.  225 

of  the  geueral  election  law  shall  apply  to  primary  elections 
with  respect  to  llie  j^ivini;'  of  notice  of  registration  and  elec 
tiou,  in  tixintv  ])laccs  for  holding  snch  election,  i)roviding  the 
ballot  boxes  with  tlie  necessary  eqnipnienl  and  supplies,  in 
giving  notice  of  meetings  of  boards  of  canvassers,  iu  can 
vassing  and  certifying  the  I'csnlt  of  the  ])rimary  electimi 
and  in  giving  notice  of  primary  elections  except  as  tli<' 
contrary  may  be  herein  expressed,  and  all  officers  i-eqnireii 
to  ]ierform  similar  duties  under  the  general  election  law 
shall  be  required  to  perform  such  duties  under  this  act. 
with  like  power  and  compensation.  All  expenses  of  primai-y 
elections  shall  be  defrayed  from  the  same  funds  from  which 
are  defrayed  the  expenses  of  an   election. 

Am.    1911,    Act    279;    1913,    Act    118. 

The  provision  tliat  primary  elections  be  conducted  lilie  general  elections  "as 
near  a.<i  may  lie  in  every  particular."  requires  the  same  safeKunrds  against 
tampering  with  the  ballola  ,ns  in  case  of  genera!  elections. — Rilze  v.  r.oaril 
of   Canvassers   of    Iron    ciiunt.v.    172  /  423. 

(Gfir))  Si;('.  ?,.  The  words  "primarv"  or  "primary  elec-  ''^'""]?-^J'", 
tion,-'  as  used  in  this  act,  shall  be  construed  to  mean  an  elec 
tion  for  the  ]iuriiose  of  deciding  by  ballot  who  shall  be  the 
nominees  of  political  ]iarties  for  the  offices  nanied  in  this  acl 
or  for  the  election  by  liallol  of  delegates  to  jiolilical  con 
ventions.  The  words  "(pialilicd  elector''  shall  be  coiistrued  to 
mean  an  elector  \\lio  is  (pmlitied  under  the  general  election 
law,  to  vote  for  a  member  of  (he  legislature  in  this  state. 

(GtiC)  Sec.  4.  No  person  shall  be  ]ierniitted  to  vote  at  Registered 
any  primary  election  held  in  this  state,  unless  he  shall  be  a  may  vote, 
registered  and  qualified  elector  of  this  state:  Provided,  how-  Proviso 
ever.  That  any  (|ualified  elector  may  be  registered  and  be 
eligible  to  vote  at  any  primary  election  if  he  shall  appear  in 
person  before  the  city  or  township  clerk  or  other  oflScer 
in  charge  of  the  registration  book,  and  take  the  oath  re- 
quired as  to  qualifications  for  registration,  and  request  that 
his  name  be  registered  therein.  The  inspectors  shall  register 
any  person  who  shall  on  any  in-imary  day  appear  and  make 
oath  or  atlfirmation  to  the  effect  that  he  is  a  qualified  elector 
in  such  precinct,  or  when  they  personally  know  him  to  be 
such.  Any  person  registered  on  any  primary  day  as  pre- 
scribed herein,  shall  be  entitled  to  vote  at  the  succeeding 
election  without  other  registration.  There  shall  be  no  other 
registration  day  or  days  for  either  a  primary,  a  general  or 
a  city  election,  except  that  prescribed  by  the  general  election 
laws  and  in  this  act. 

Am.    1911,    Act    279:    1913,    Act    118. 

Sec.  2  of  the  amendatory  act  of  1913  repeals  sections  5-11.  relative  to  the 
enrollment   of  voters   according    to  party   affiliation. 

(fifi?)     Sec.  12.     The  question  of  the  nomination  of  i)arty  pari^- 
candidates  for  city  offices,  in  cities  having  a  population  of  less  Jor"c\ty''°" 
than  seventy  thousand,  may  be  submitted  or  resubmitted  to  ofBees. 
the  qualified  electors  of    such    city    upon     jietitioii    therefor 
signed  by  a  number  of  voters  of  such  city,  which  number  shall 
29 


226 


STATE   OF  MICHIGAN. 


Proviso. 


Petition, 
where  ad- 
dressed. 


constitute  not  less  than  twenty  per  centum  of  the  total  num- 
ber of  votes  cast  in  such  city  for  secretary  of  state  at  the 
last  preceding  November  election.  Such  proposition  may 
be  submitted  or  resubmitted  at  any  primary  election :  Pro- 
vided, That  a  resubmission  in  any  city  shall  not  take  place 
within  two  years  after  such  question  has  been  decided  either 
aflSrmatively  or  negatively  by  a  majority  of  the  qualified 
voters  of  such  city  voting  on  such  proposition. 

Am.   1911,    Act   279. 

(668)  Sec.  13.  The  petition  referred  to  in  the  preceding 
section  relative  to  city  offices  in  cities  having  a  population  of 
less  than  seventy  thousand,  shall  be  addressed  to  the  city 
clerk  and  shall  be  delivered  to  said  city  clerk  at  least  thirty 
days  before  the  date  of  the  election  on  which  the  proposition 
is  to  be  voted  upon  by  the  voters  of  said  city. 

Am.   Id. 


Form  of. 


City  clerk  to 

give  notice. 


Ballot,  form 
of,  etc. 


CCeO)  Sec.  14.  The  said  petition  shall  be  substantially 
ill  the  following  form: 

We.  the  undersigned,  voters  of  the  city  

of    respectfully  petition   that  the 

question  of  direct  nomination  of  party  candidates  for 

shall  be  submitted  for  resubmitted)  to  the 

qualified  electors  of  said  city  on  the   

(Signed) 

Am.   Id. 

(670)  Sec.  15.  The  said  city  clerk  shall  examine  said 
petition  and  if  it  is  found  that  a  sufficient  number  of  voters 
have  signed  said  petition,  he  shall  give  notice  as  near  as  pos- 
sible in  the  manner  now  provided  by  law  for  giving  notice 
of  general  elections  in  this  state,  that  at  an  election  to  be 
held  pursuant  to  the  provisions  of  this  act  (giving  the  date), 
Ihe  proposition  will  be  submitted  or  resubmitted  to  the  qual- 
ified electors  of  said  city,  referred  to  in  such  petition  or  peti- 
tion.s  whether  the  nomination  of  party  candidates  for  the 
offices  named  in  said  petition  or  petitions  shall  thereafter  be 
made  in  such  city  by  direct  vote,  and  the  proper  board  of 
election  commissioners  under  the  general  election  law  shall 
cause  to  be  printed  on  the  ballot  to  be  used  at  such  primary 
election,  in  substance,  the  following  words: 

Instruction :  Make  a  cross  in  the  square  to  the  left  of  the 
words  "Yes"  or  "No"  on  each  proposition  submitted. 

Primary  election  system  for  the  nomination  of  candidates 
for offices. 

r  1  Yes. 

[  ]  No. 

The  color  of  the  ballots  shall  be  the  same  as  is  prescribed 
bv  law  for  ballots  for  a  general  election.    The  size  and  form 


LAWS   RELATING   TO    ELECTIONS.  227 

of  the  ballots  other  than   as   herein   directed,  shall  be  pre 
scribed   by   the   said    board   of   election    comuiissioners.     The  Canvass, 
votes  cast  at  such  election  shall  be  canvassed,  and  retiu-ns 
thereof  made  in  like  manner  as  is  provided  for  the  canvassing 
of  votes  and  the  making  of  retnrns  of  anv  general  election 
in  such  county  or  city  by  the  tenns  of  existing  law.    All  can-  circuit  judges. 
didates  for  circuit  judge  shall  be  selected  in  accordance  with 
the  ])rovisions  of  (his  act:    Provided,  That  all  duties  iniiiosed  Proviso. 
upon  city  or  county  clerks  shall  in  the  case  of  judicial  dis- 
tricts composed  of  more  than  one  county  be  performed  by  the 
secretary  of  state.    The  provisions  of  this  act  relative  to  the 
nomination  of  candidates  for  district  offices  are  as  far  as  pos- 
sible made  applicable  to  the  election  of  candidates  for  circuit 
judge.     The  primary  election  for  the  election  of  candidates  Primari^. 
for  circuit  judge  shall  be  held   on  the  first  Wednesday  in  ^  *" 
March  prior  to  the  election.    The  vote  cast  for  candidates  in  Canvass. 
judicial  di.stricts  shall  be  counted  and  canvassed  in  the  same 
manner  as  the  vote  cast  on  the  election  of  circuit  judge. 

Am.   Id. 

(671)     Sec.  16.    A  general  primary  election  for  all  political  August 
parties  shall  be  held  in  every  election  precinct  in  this  state  on 
the  last  Tuesday  in  August  preceding  every  general  Novem- 
ber election,  at  which  time  the  registered  and  qualified  voters 
of  each  political  party  shall  vote  for  party  candidates  for  the 
oflSce  of  governor,    lieutenant   governor,   and   United .  States 
senator :     Provided,  That  no  nomination  for    the    oflSce    of  Proviso. 
United  States  senator  shall  be  made,  unless  such  oflScial  is 
to  be  elected  at  the  next  session  of  the  legislature.     A  gen-  March 
eral  primary  election  for  all  political  parties  shall  also  be "" 
held  on  the  first  Wednesday  in  Marcli  prior  to  the  spring 
election  at  which  time  the  registered  and  qualified  voters  of 
each   political    party   shall    vote   for   candidates   for   county 
oflfices  filled  at  the  spring  election ;  for  candidates  for  circuit 
judge  and  for  candidates  for  city  offices  in  cities  in  which 
the  provisions  of  this  act  are  applicable:     Provided,  That  in  proviso, 
those  cities  in  which  the  provisions  of  this  act  are  applicable 
and  in  which  city  officers  are  elected  at  a  time  other  than 
the  general  November  election  or  the  spring  election,  the  pri- 
mary election  in  such  city  shall  be  held  on  the  third  Tues- 
day prior  to  the  charter  election  and  all  nf  the  provisions  of 
this  act  shall  be  made  applicable  thereto.    Whenever  a  regu- 
lar or  special  primary  election  is  required  by  the  provisions 
of  this  act  to  be  held  in  any  county  or  district  it  shall  be  held 
in  every  portion  thereof  regardless  of  whether  there  are  any 
candidates  for  any  city  offices  to  be  nominated  at  such  regu- 
lar or  special  primary  election:     Provided,  That  the  provi- Proviso, 
sions  of  this  act  shall  not  apply  to  any  city  which  may  have  fonlfof  °" 
or  which  may  hereafter  adopt  a  commission  form  of  govern-  Kovemment. 
ment  or  in  which  city  officers  are  elected  on  a  non-partisan 


228 


STATE  OF  MICHIGAN. 


Special 
election. 


ballot,  except  as  the  charter  of  such  city  may  make  the  pio- 
visious  hereof  applicable.  Whenever  a  special  election  slinll 
be  called  to  iill  any  vacancy  in  any  oflSce,  the  candidates  fur 
which  are  regularly  nominated  in  accordance  with  the  pro- 
visions of  this  act,  a  special  primary  election  for  all  political 
parties  sliall  be  held  in  the  city,  county  or  district  in  which 
such  vacancy  occurs,  on  such  day  as  may  be  fixed  by  the  au- 
thority calling  the  special  election  but  not  le.«s  than  ten 
days  prior  to  the  date  of  such  special  election.  In  the  case 
of  a  special  primary  election,  it  shall  be  the  duty  of  the 
proper  board  of  election  commissioners  to  prepare  the  nec- 
essary number  of  ballots  for  every  political  party  participat 
ing  in  the  last  preceding  regular  primary  election.  The  pro- 
visions of  this  act,  relative  to  the  printing,  distribution,  etc., 
of  primary  election  ballots  shall  be  applicable  to  the  ballots 
prepared  for  use  at  a  special  primary  election.  The  ballots 
shall  be  pi"epared  in  such  manner  that  the  voters  of  each 
political  party  may  write,  print  or  paste  the  name  of  a  candi- 
date thereon.  The  name  of  a  candidate  shall  not  be  printed 
upon  any  ballots  prepared  for  use  at  a  special  primary  elec- 
tion. The  provisions  of  this  act  shall  be  applicable  in  all 
particulars  to  special  primary  elections  except  as  the  con- 
trary is  indicated  in  this  section :  Provided,  That  it  shall 
be  unlawful  for  any  person  directly  or  indirectly  at  any 
regular  or  special  primary  election  to  distribute  slips  or 
pasters,  or  electioneer  or  induce  or  attempt  to  induce  any 
person-  to  vote  or  refrain  from  voting  in  a  particular  way 
within  any  polling  place  or  within  one  hundred  feet  thereof. 
It  shall  be  lawful  to  call  a  special  election  for  the  submission 
of  any  proposition  on  any  regular  or  special  primary  election 
day. 


Ballots. 


Proviao, 
slips,  etc. 


Am.   1911,   Act   279;    1913.  Act  118. 

The  provisions  as  to  special  elections  apply  only  to  such  as  are  railed  to 
fill  a  vacancy,  and  petitions  to  nominate  candidates  for  circuit  .iudffe  are 
properly  received  and  filed  I)y  the  secretary  of  state  pursuant  to  this  section. 
— Oren'  v.  Secretary  of  State,  171  /  590. 


Congressmen,  (672)  Sec.  17.  In  evcry  congressional  district  in  this  state 
nomination  of.  fjip^e  shall  be  nominated  at  the  said  August  primary  election, 
by  direct  vote  of  the  registered  and  qualified  voters  of  each 
jjolitical  party  within  such  district,  a  party  candidate  for 
state  senators,  representative  in  congress.  In  every  senatorial  district  in 
this  state  there  shall  be  nominated  at  the  said  primary 
clection,  by  direct  vote  of  the  registered  and  qualified  voters 
of  each  political  party  within  such  district,  a  party  candidate 
for  state  senator.  In  every  representative  district  in  this 
state  there  shall  be  nominated  at  the  said  primary  election, 
by  direct  vote  of  the  registei-ed  and  qualified  voters  of  each 
political  party  within  such  district,  a  party  candidate  or 
candidates  as  the  case  may  be,  for  representative  in  the  state 
legislature.  In  every  county  in  this  state  there  shall  be 
nominated  at  the  said  primary  election  by  direct  vote  of  the 


state  repre- 
sentatives. 


County 
officers. 


LAWS    RELATING    TO    ELECTIONS.  220 


registered  and  qualiiicd  voters  of  each  political  party  within 
f-uch  county,  party  candidates  for  county  oflSces  to  be  voted 
for  at  the  November  election  following.  In  every  city  of  cityoffipors. 
the  state  having  a  population  of  seventy  thousand  or  more, 
there  shall  be  nominaled  at  said  August  primary  election 
or  on  the  first  Wednesday  in  March  preceding  any  April 
election,  whenever  a  city  or  county  election  in  said  city  or 
county  is  held  in  April,  by  direct  vote  of  tl'.e  registered  and 
qualified  voters  of  each  political  party  within  such  city  or 
county,  i)arty  candidates  for  ward,  city  or  county  offices. 
In  any  city  in  this  state  having  a  population  of  less  than 
seventy  thousand  in  which  the  voters  have  decided  in  accord- 
ance with  the  pi'ovisions  of  this  act,  in  favor  of  direct  nomi- 
nations of  party  candidates  for  city  offices,  when  such  oflSces 
ai'e  to  be  voted  for  at  the  November  election  following,  there 
siiall  be  nominated  at  the  said  primary  election  by  direct 
vote  of  the  I'egistered  and  qualified  voters  of  each  political 
party  within  such  city,  party  candidates  for  city  ofiflces: 
I'rovided,  That  if  upon  the  expiration  of  the  time  for  filing  proviso. 
petitions  in  any  primary'  for  city  or  county,  it  appears  that 
(here  is  no  opposition  to  any  candidate  for  any  office,  upon 
any  ticket,  then  the  city  or  county  clerk,  as  the  case  may  be, 
shall  certify  to  the  board  of  election  commissioners,  the 
names  of  all  persons  whose  petitions  have  been  properly  filed, 
and  the  office  for  which  such  petitions  were  filed,  and  such 
persons  shall  be  declared  by  such  board  of  election  com- 
missioners nominees  for  the  respective  offices  and  such 
clerk  shall  forthwith  notify  the  sheriff  of  the  county  and 
the  several  clerks  of  the  townships  interested,  if  anj',  and 
give  notice  that  the  primary  will  not  be  held  as  contemplated, 
giving  the  reasons  therefor,  and  a  public  notice  shall  be  given 
of  such  determination  by  a  brief  notice  published  by  such 
clerk  in  a  newspaper  published  in  such  county :  Provided,  Proviso. 
That  if  upon  the  expiration  of  the  time  for  filing  petitions 
in  any  primary,  the  secretary  of  state  shall  find  within  a 
given  district  that  there  is  no  opposition  for  any  office  upon 
any  ticket,  he  shall  forthwith  give  notice  to  the  clerks  of 
the  several  counties  embraced,  forthwith  certifying  the  names 
of  the  candidates  and  the  office  to  which  they  aspire,  to  the 
state  board  of  canvassers,  who  shall  declare  them  the  nomi- 
nees for  the  respective  offices,  and  shall  give  notice  to  the 
clerks  of  tlie  several  counties  embraced  in  such  district, 
and  if  the  clerk  shall  find  that  there  is  no  opi)Osition  for  any 
office  upon  any  ticket  for  a  county  office,  then  it  shall  be  the 
duty  of  such  clerk  to  forthwith  give  notice  to  the  several 
township  clerks  interested  that  a  primary  will  not  be  held 
as  cont('ni]>lated,  but  in  no  event  shall  a  jn-inKiry  election  be 
abandoneil  in  any  townsliip,  city,  county  or  district  wherein 
there  shall  bo  opposition  for  any  office,  upon  any  ticket.  In 
those  instances  in  which  the  duties  of  two  officers  are  com 


230 


STATE   OF  MICHIGAN. 


biued,  all  noniinatiuu  i)etitions  shall  include  and  name  the 
two  offices. 


Am.  Id. 
See  Dykstr.T 


V.    Uolden,    ISl  /  289. 


Delegates  to 

county 

convention. 


Apportion- 
ment. 


Proviso. 


(673)  Sec.  18.  There  shall  also  be  elected  at  the  August 
primary,  by  direct  vote  of  the  registered  and  qualified  voters 
of  each  political  party  in  said  county,  as  many  delegates 
in  each  township,  ward  or  precinct,  as  the  case  may  be,  as 
such  political  party  in  such  township,  ward  or  precinct  shall 
be  entitled  to  by  the  call  issued  by  the  county  committee 
of  such  political  party  for  the  county  convention  thereafter 
to  be  held  by  .such  political  party  within  said  county  in  that 
year  for  the  purpose  of  electing  delegates  to  the  state  con- 
vention called  for  the  purpose  of  nominating  candidates  for 
state  oflSces,  to  be  voted  for  at  the  November  election.  In 
case  of  any  vacancy  in  any  delegation  from  any  election 
precinct,  township  or  ward,  to  the  county  convention,  such 
vacancy  shall  be  filled  by  the  delegates  present  from  the  ward 
or  township  in  which  the  vacancy  occurs.  The  state  central 
committee  of  each  political  party  shall,  at  least  thirty  days 
before  the  August  primary  herein  provided  for,  certify  to 
the  board  of  election  commissioners  of  each  county  and  to 
the  chairman  of  the  county  committee  of  such  party,  the  num- 
ber of  delegates  to  which  such  county  shall  be  entitled  in 
the  state  convention  of  such  party ;  and  the  said  state  central 
committee  shall  apportion  such  delegates  to  the  several  coun- 
ties in  proportion  and  according  to  the  number  of  votes  cast 
for  the  candidates  of  such  party  for  secretary  of  state  in  each 
of  said  counties  respectively  at  the  last  preceding  November 
election.  The  name  of  any  candidate  for  delegate  to  the 
county  convention  shall  not  be  printed  ujwn  the  official  pri- 
mary election  ballot,  but  one  or  more  such  names  may  be 
placed  on  such  ballot  by  printed  slips  pasted  thereon  by  the 
voter.  The  county  committee  shall  in  its  call  indicate  whether 
delegates  are  to  be  selected  by  precincts  or  by  wards.  In 
cities  in  which  there  are  no  wards  the  delegates  to  which  such 
cities  are  entitled  shall  be  elected  from  the  entire  city.  The 
cliairman  of  the  toT\Tiship,  ward  or  city  committee  as  the  case 
may  be,  shall  notify  by  mail  each  person  elected  as  a  dele- 
gate to  the  county  convention:  Provided,  That  when  a  pri- 
mary election  is  not  held  prior  to  the  spring  election  dele- 
gates to  the  county  convention  shall  be  selected  in  a  conven- 
tion. 

Am.   Id. 


Ballots,  who 
to  prepare. 


(GT4)  Sec.  19.  It  shall  be  the  duty  of  the  board  of  elec- 
tion commissioners  of  each  county  in  this  state  to  prepare  and 
furnish  the  necessary  official  primary  election  ballots  except 
for  city  offices  which  may  be  required  for  use  at  the  August 


LAWS    RELATING    TO    ELECTIONS.  231 

primary.  8ucli  ballots  shall  contain  the  instructions  as  to 
the  method  of  voting.  Ballots  other  than  those  iuinished  by 
the  board  of  election  commissioners,  according  to  the  pro- 
visions of  this  act,  sliall  not  be  used,  cast  or  counted  in  any 
election  precinct,  at  any  such  primary  election.  The  size 
of  all  official  ballots  shall  be  such  as  the  board  of  election 
commissioners  shall  prescribe.  It  shall  not  be  lawful  for  the 
printer  of  such  ballots  or  any  other  person  to  give,  or  deliver 
to,  or  knowingly  permit  to  be  taken,  any  of  said  ballots  by 
any  pei-son  other  than  the  board  of  election  commissioners 
for  which  such  ballots  are  being  printed,  or  to  print  or  cause 
or  permit  to  be  printed  any  ballots  in  any  other  form  than 
the  one  prescribed  by  this  act,  or  with  any  other  name  there- 
on, or  with  the  names  misspelled,  or  the  names  or  devices 
thereon  arranged  in  any  other  way  than  that  authorized  and 
directed  by  the  said  board  of  election  commissioners:  Pro-  proviso, 
vided.  That  it  shall  and  may  be  lawful  for  the  chairmen  of  ilaTiots''""' 
committees,  and  candidates  named  on  the  official  ballot  to 
procure  any  number  of  facsimiles  of  the  ticket  to  be  printed 
on  yellow  paper  and  to  circulate  the  same  for  the  purpose 
of  the  instruction  of  voters;  and  said  colored  ballot  to  have 
printed  at  the  head  the  words,  "Instruction  Primary  Ballot." 

Am.   Id. 

See  Line  v.  Bd.   of  Election  Com'rs,  154/329. 

(G75)     Sec.  20.    The  said  ballots  so  prepared  by  the  board  Names 
of  election  commissioners  in  each  county  shall  include  the  {JaUot's^ "" 
names  of  all  candidates  for  tbe  particular  irolitical  party  for 
the  otMce  of  governor,  lieutenant  governor  and  United  States 
senator,  and  shall  include  the  names  of  all  caudidates  for  dis- 
trict offices,  and  in  each  county  the  names  of  all  candidates 
for  county  offices.     Pi-oof  copies  of  the  ballots  so  prepared  proof  copies 
shall  be  placed  on  file  in  the  office  of  the  county  clerk,  at  camiwatl^'' 
least  ten  days  prior  to  each  primary  election,  and  one  proof 
cojiy  of  such  ballot  shall  be  sent  by  registered  mail  with  re- 
turn receipt  demanded  to  each  candidate  at  his  last  known 
address    whose    name    appears    upon    such   ballot.      It    shall 
be  the  duty  of  the  board  of  election  commissioners  to  cor- 
rect such  errors  as  may  be  called  to  their  attention.    No  can- 
didate shall  have  his  name  printed  upon  any  official  primary 
election  ballot  of  any  political  party  in  any  voting  precinct 
in  this  state,  unless  he  shall  file  nomination  petitions  accord- 
ing to  the  provisions  of  this  act  and  all  other  requirements 
of  this  act  have  been  complied  with  in  liis  behalf.     The  said  Delegates, 
ballots  shall  also  contain  as  many  lines  as  there  are  delegates 
to  be  elected   to  the  county  convention    by    the    particular 
political  party.     Such  lines,  upon  which  may  be  placed  the 
names  of  proposed  delegates  to  the  county  convention,  shall 
be  printed  under  the  title  "Delegates  to  county  conventions" 
and  no  ballot  for  a  delegate  to  a  county  convention  of  any 


232 


STATE  OF  MICHIGAN. 


political   party  shall  be  counted  unless  prepared  and  voted 
under  authority  of  this  act. 

Am.    1911,   Act    279;    1913,    Act    13. 


f;ouiity 
chairman 
to  certify 
number  of 
delegates. 


Election  com- 
missioners, 
duty  of. 


(G70)  Sec.  21.  The  cliaiiiiian  of  the  county  coniuiittee  of 
each  political  party  shall  certify  to  Ihe  board  of  election 
commissioners  at  least  twenty-five  days  before  the  holding  of 
such  primary  election,  the  number  of  delegates  to  which  each 
election  district  of  said  county  will  be  entitled  at  the  county 
convention  of  said  political  parly  to  be  held  in  said  county 
iu  said  year  for  the  purpose  of  electing  delegates  to  a  state 
convention  called  for  the  purpose  of  nominating  party  candi- 
dates for  state  offices.  It  shall  be  the  duty  of  the  board  of 
election  commissioners  of  any  city  having  a  population  of 
seventy  thousand  or  more,  or  of  any  city  having  a  popiUation 
of  less  than  seventj'  thousand,  in  which  the  voters  have 
adopted  the  provisions  of  this  act,  to  prepare  the  necessary 
election  ballots  for  use  of  the  registered  and  qualified  voters 
of  less  than  seventy  thousand,  in  which  the  voters  have 
shall  be  governed  by  the  same  rules  as  are  prescribed  for 
the  preparation  of  ballols  by  the  board  of  election  commis- 
sioners of  the  county.  The  ballols  so  prepared  by  the  board 
of  election  commission ei"s  of  any  city  shall  be  separate  from 
any  other  ballot. 


Am.    1911,    .\ct 


1913,   Act    118. 


Ballots, 
number  of. 


Pamphlet 
copies  of  act 
to  be  printed, 
etc. 


How  ballot 
prepared. 


(G77)  Sec.  22.  The  number  of  ballots  to  be  printed  for 
use  at  any  primary  election  in  any  election  precinct  shall 
be  at  least  twenty-five  per  centum  more  than  the  total  num- 
ber of  votes  cast  therein  at  the  last  preceding  election  for  sec- 
retary of  state.  The  official  primary  election  ballots  shall  be 
on  file  at  the  office  of  the  county  clerk,  or  city  clerk,  as  the 
case  may  be,  for  public  inspection  at  least  three  days  prior 
to  distribution  for  use  at  the  primary  election. 

.\m.    1913,   Act    lis. 

(678)  Sec.  23.  It  shall  be  the  duty  of  the  secre- 
tary of  state  to  cause  to  be  printed  pamphlet  copies  of  this 
act  and  to  furnish  to  the  county  clerk  of  each  count.y  and 
to  the  city  clerk  of  any  city  nominating  under  the  provisions 
of  this  act,  a  sufficient  number  of  copies  thereof  to  enable 
said  clerks  to  furnish  at  least  two  copies  to  each  board  of 
primary  election  inspectors  iu  the  particular  city  or  county 
at  the  same  time  that  other  supplies  for  an  election  are  fur- 
nished. 

(G79)  Sec.  24.  The  official  primary  election  ballot  shall 
lie  prepared  in  thefollowing  manner:  There  shall  be  printed 
at  the  top,  and  to  the  right  of  the  ballot  in  large  type,  the 
words  "Official  Primary  Election  Ballot."  Underneath  shall 
he  printed  the  date  of  the  election  at  which  the  ballot  is  to 
be  used,  followed,  when  necessary,  by  the  designation  of  the 
political  subdivision,  as  county,  district,  city,  ward,  etc.     At 


LAWS   RELATING    TO    ELECTIONS.  233 


the  top  and  to  the  left  of  the  ballot  shall  be  printed  the 
instructions  to  voters.  Then  shall  follow  the  names  of  the 
jiolitical  parties,  each  at  the  head  of  a  se])arate  colnmn  and 
directly  under  such  name  a  circle  one  half  inch  in  diameter. 
The  party  having  the  o-reatest  number  of  votes  within  the 
state  at  the  last  pi-eceding  general  election  as  shown  by  the 
votes  cast  thereat  for  secretary  of  state  shall  be  placed  first 
on  the  ballot,  the  position  of  the  other  tickets  to  be  governed 
relatively  by  the  same  rule.  T^nder  such  heading  shall  appear 
the  names  of  the  candidates  seeking  nomination  in  that  par- 
ticular party.  The  order  of  the  offices  on  the  ballot  shall 
be  the  same,  as  far  as  may  be,  as  is  required  by  law  in  mak- 
ing up  the  ballot  for  a  general  election.  The  title  of  the  office 
shall  be  immediately  above  the  name  of  the  candidate  or 
candidates  for  such  office,  and  under  such  title  the  words 
"VOTE  FOR,"  followed  by  the  word,  "one,"  "two"  or  a  word 
designating  the  number  of  candidates  under  that  head  to 
be  voted  for.  The  names  of  the  different  candidates  shall 
be  separated  from  each  other  by  a  light  faced  rule,  with 
a  square  at  the  left  of  the  names,  and  the  spaces  devoted 
to  the  several  offices  shall  be  separated  by  a  black  faced 
rule  so  as  to  separate  each  office  division  clearly.  The  names 
under  heading  designating  each  official  position  where  there 
are  more  names  than  there  are  persons  to  be  nominated  for 
that  office  shall  be  alternated  on  the  ticket  of  each  party 
casting  at  least  ten  per  centum  of  the  votes  cast  in  the 
county  or  political  subdivision  at  the  preceding  November 
election  for  the  office  of  secretary  of  state  and  printed  in 
the  following  manner: 

First.  The  forms  shall  be  set  up  with  the  names  of  such  Names. 
candidates  arranged  alphabetically,  in  order  according  ^^  "^ "'™'' '"'''"  • 
surnames.  In  printing  each  set  of  tickets  for  the  several 
election  precincts,  the  position  of  the  names  shall  be  changed 
in  each  office  division,  as  many  times  as  there  are  candi- 
dates in  the  office  division  in  which  there  ai*e  the  most 
names.  As  nearly  as  possible  an  equal  number  of  tickets 
shall  be  printed  after  each  change.  Tn  making  the  changes 
of  position,  the  printers  shall  take  the  line  of  type  at  the 
head  of  each  office  division  and  place  it  at  the  bottom  of 
the  division,  and  shove  up  the  column  so  that  the  name  that 
before  was  second  shall  be  first  after  the  change.  After  the 
ballots  are  printed,  and  before  being  trimmed,  they  shall 
be  kept  in  separate  piles,  the  one  pile  for  each  change  in 
position,  and  shall  then  be  piled  by  taking  one  from  each 
pile  and  placing  it  upon  the  pile  to  be  trimmed,  the  inten- 
i  ion  being  that  every  alternate  ballot  in  such  pile  shall  have 
the  names  in  a  different  position.  After  the  pile  is  made  in 
this  manner,  the  ballots  shall  be  numbered  consecutively  on 
the  uy)per  right  hand  corner  upon  the  front  of  the  ballot, 
with  a  perforated  line  across  said  comer,  underneath  the 
same  number,  so  that  the  corner  with  the  number  can  be 
torn  off.    After  the  ballot  [ballots]  shall  be  trimmed  and  done 


234  STATE   OF  MICHIGAN. 


up  in  seal   [sealed]  packages  and  distributed  for  use  at  the 
primary  election  the  same  as  is  required  by  law  for  the  dis- 
Formof  tribution  of  ballots  at  the  general  election.    The  ballots  shall 

ballot.  ijg  prepared  iu  substantially  the  following  form: 


LAWS   RELATING    TO    ELECTIONS. 


235 


INSTRUCTIONS  TO  VOTERS. 


FIRST,  Designate  your  party  by  maklnc  a  cros«i 
(X)  in  the  circle  at  the  head  of  tne  ticket  you  wish  to 
vote. 

SECOND,  Place  a  cra'«  (X)  in  the  square  at  the 
lert  of  the  names  of  as  many  candidates,  in  your 
parly  column,  as  there  are  to  be  nominated  for  each 
office. 

IMPORTANT— DO  NOT  VOTE  FOR  ANY  CANDIDATE  NOT  IN  YOUR  PARTY  COLUMN. 
If  you  do  so  it  will  void  your  ballot  so  far  as  nommations  for  thiit  particular  office  are  concerned 


OFFICIAL     PRIMARY      ELECTION      BALLOT. 

For  the  Primary  Election  to  be  held 19. . . . 

in  the District  of  the Ward  of  the  City 

of 

(Ward  or  township)        (Village  or  county) 


REPUBLICAH 

o 

HATIOHAL 

DEMOCRAT 

o 

RATIONAL 

Nat'l  Progressive 

o 

NATIONAL 

PROHIBrnON 

o 

NATIONAL 

SOCULIST 

o 

NATIONAL 

United  States  Senatoi 
Vote  for  one 

United  States  Senatoi 
Vote  for  one 

United  States  Senator 
Vote  for  one 

United  States  Senatoi 
Vote  for  one 

United  Stales  Senator 
Vole  for  one 

[   ]  JOHN  DOE 

[    ]  JOHN  DOE 

[    ]  JOHN  DOE 

[   ]  JOHN  DOE 

[    ]  RICHARD  ROF 

[    ]  JOHN  DOE 

[    ]  RICHARD  ROE 

[    ]  RICHARD  ROE 

[    ]  RICHARD  ROF 

[    ]  RICHARD  ROE 

[    ]  JAMES  POE 

[    ]  JAMES  POE 

[    ]  JAMES  POE 

[    ]  JAMES  POE 
r  1 

[    ]  JAMES  POE 

r    1 

r  1 

r    1 

r   1 

I    J 

I    J 

1     J 

L  J 

L    J 

STATE 

STATE 

STATE 

STATE 

STATE 

Governor 
Vote  for  one 

Governor 
Vote  for  one 

Governor 
Vote  for  one 

Governor 
Vote  for  one 

Governor 
Vole  for  one 

[    ]  JOHN  DOE 

[    ]  JOHN  DOE 

[    ]  JOHN  DOE 

[    ]  JOHN  DOE 

[    ]  JOHN  DOE 

[    ]  RICHARD  ROE 

[    ]  RICHARD  ROE 
[    ]  JAMES  POE 

[    ]  RICHARD  ROE 

[   ]   RICHARD  ROE 

[    ]  RICHARD  ROE 

[    ]  JAMES  POE 

[    ]  JAMES  POE 

f    ]  JAMES  POE 

[    ]  JAMES  POE 

r  1 

r  -\ 

f    1 

r   1 

r  1 

I  J 

L    J 

L    J 

L    J 

L  J 

CONGRESSIONAL 

CONGRESSIONAL 

CONGRESSIONAL 

CONGRESSIONAL 

CONGRESSIONAL 

Representative    in 

Congress          District 

Vote  for  one 

Representative    in 
Congress    . .    District- 
Vote  for  one 

Representative    in 

Congress    ,  .    District 

Vote  for  one 

Representative    in 

Congress    ,  .    District 

Vote  for  one 

Representative    in 

Congress    . .    District. 

Vote  for  one 

[    ]  JOHN  DOE 

[    ]  JOHN  DOE 

[    ]  JOHN  DOE 

[    ]  JOHN  DOE 

[    ]  JOHN  DOE 

[  ]   RICHARD  ROE 

[    ]  RICHARD  ROE 

[    ]  RICHARD  ROE 

[    ]  RICHARD  ROE 

[    ]  RICHARD  ROE 

[    ]  JAMES  POE 

[    ]  JAMES  POE 
r   1 

[    ]  JAMES  POE 

[    ]  JAMES  POE 

r  1 

[    ]  JAMES  POE 

r  1 

r  1 

r  1 

I  J 

I    J 

L    J 

L  J 

I    J 

LEGISLATIVE 

LEGISLATIVE 

LEGISLATIVE 

LEGISLATIVE 

LEGISLATIVE 

State    Senator     .... 

District 

Vote  for  one 

Slate    Senator     .    . 

District 

Vote  for  one 

State    Senator     .... 

District 

Vote  for  one 

Slate    Senator     . . . 

District 

Vote  for  one 

Slate    Senator     

District 
Vote  for  one 

[    ]  JOHN  DOE 

[    ]  JOHN  DOE 

[    ]  JOHN  DOE 

(■    ]  JOHN  DOE 

[    ]  JOHN  DOE 

[    ]   RICHARD  ROF 

[    ]  RICHARD  ROE 

[    ]  RICHARD  ROE 

[    ]  RICHARD  ROE 

[    ]  RICHARD  ROE 

r  1 

r  1 

r  1 

r  1 

r  •! 

I  J 

L    J 

L  J 

L  J 

I  J 

COUNTY 

COUNTY 

COUNTY 

COUNTY 

COUNTY 

Judfte  of  Probate 
Vote  for  one 

Judge  of  Probate 
Vote  for  one 

Judge  of  Probate 
Vote  for  one 

Judge  of  Probate 
Vote  for  one 

Judge  of  Probate 
Vole  for  one 

[    ]  JOHN  DOE 

[    ]  JOHN  DOE 

[    ]  RICHARD  ROE 

[    ]  JOHN  DOE 

[    ]  JOHN  DOE 

[    ]  RICHARD  ROE 

r  1 

[    ]  JOHN  DOE 

[    ]  RICHARD  JlOE 

[    ]  RICHARD  ROE 

[    ]  RICHARD  ROE 

r  1 

r    1 

r    1 

r   1 

I    J 

L    J 

L    J 

L    J 

L    J 

Am.  I'Jia.  .\ct  lis. 


236 


STATE  OF  MICHIGAN. 


Signatures 
required  tor 
certain 
officers. 


District 
officers. 


Proviso. 


(680)  Sec.  25.  To  obtain  the  printing  of  the  name  of 
any  candidate  of  any  political  party  for  United  States  sena- 
tor or  for  governor  or  lieutenant  governor  mider  the  particu- 
lar party  heading  upon  the  official  ballots  for  any  primary 
election  held  in  this  state,  pursuant  to  the  provisions  of  this 
act,  there  shall  be  filed  with  the  secretary  of  state  nomina- 
tion petitions,  signed  by  a  number  of  registered  and  qualified 
voters  residing  in  this  state,  equal  to  not  less  than  two  per 
centum  nor  more  than  four  per  centum  of  the  number  of 
votes  that  such  parly  cast  for  secretary  of  state  at  the  last 
preceding  November  election. 

Am.   Id. 

(681)  Sec.  26.  To  obtain  the  printing  of  the  name  of 
any  candidate  of  any  political  party  for  any  district  office 
under  the  particular  party  heading  upon  the  primary  elec- 
tion ballots  in  the  various  voting  precincts  of  the  district 
when  such  district  is  comprised  of  one  county  or  less,  there 
shall  be  filed  with  the  county  clerk  of  such  county,  nomination 
petitions,  signed  by  a  number  of  registered  and  qualified 
votere  equal  to  not  less  tban  two  per  centum  nor  more  than 
four  per  centum  of  the  number  of  votes  that  said  party  cast 
therein  for  secretary  of  state  at  the  last  preceding  November 
election  and  in  the  case  of  a  district  office,  in  a  district 
comprising  more  than  one  county,  to  obtain  the  printing  of 
the  name  of  any  candidate  of  any  political  party  under  the 
particular  party  heading  upon  the  primai'y  election  ballots 
in  the  various  voting  precincts  of  said  district,  there  shall 
be  filed  with  the  secretary  of  state,  nomination  petitions, 
signed  by  a  number  of  the  registered  and  qualified  voters 
residing  in  such  district  equal  to  not  less  than  two  per  centum 
nor  more  than  four  per  centum  of  the  number  of  votes  that 
the  party  cast  therein  for  secretary  of  state  at  the  last  pre- 
ceding November  election :  Provided,  That  when  there  are 
two  or  more  candidates  for  representative  in  the  state  legis- 
lature to  be  nominated  by  each  political  party  in  a  single 
representative  district,  to  obtain  the  printing  of  the  name  of 
any  candidate  of  any  political  party  under  the  particular 
party  heading  upon  the  primary  election  ballots  in  the  various 
voting  pi'ecincts  of  such  district,  there  shall  be  filed,  with  the 
county  clerk  of  the  county  of  which  such  district  forms  a 
part,  nomination  petitions  signed  by  a  number  of  regis- 
tered and  qualified  voters  residing  in  such  district,  equal  to 
not  less  than  one  per  centum  nor  more  than  four  per  centum 
of  the  number  of  votes  that  the  party  cast  in  such  district 
for  secretary  of  state  at  the  last  preceding  November 
election,  divided  by  the  number  of  representatives  to  which 
such  district  is  entitled  in  the  state  legislature. 

Am.  Id. 


County 
officer.s. 


(682)     Sec.   27.     To  obtain  the  printing  of  the  name  of 
any  candidate  of  any  political  party  for  a  county  office  under 


LAWS    RELATING    TO    ELECTIONS.  237 

the  particular  part^-  heading  upou  the  oflicial  primary  elec- 
tion ballots  in  the  various  voting  precincts  of  a  county,  there 
shall  be  tiled  with  the  county  clerk  of  said  county  nomination 
petitions  signed  by  a  number  of  registered  and  qualified 
voters,  who  reside  in  the  county,  equal  (o  not  less  than 
two  i)er  centum  nor  more  than  four  per  centum  of  the  num- 
ber of  votes  that  such  i)()litical  party  cast  in  such  county  for 
secretary  of  state  at  the  last  preceding  November  election. 
To  obtain  the  printing  of  the  name  of  any  candidate  of  any  city  ofiioers. 
political  party  for  a  city  oflice  including  all  ward  oflQces 
under  the  jiarticular  party  heading  on  the  ofQcial  primary 
election  ballots  for  use  in  such  city,  there  shall  be  filed 
with  the  city  clerk  of  such  city  such  nomination  petitions 
signed  by  a  number  of  registered  and  qualified  voters  of 
such  politici'.l  party  and  who  reside  in  such  city,  equal  to 
not  less  than  two  per  centum  nor  more  than  four  per  centum 
of  the  number  of  votes  that  such  political  party  cast  therein 
for  secretary  of  state  at  the  last  preceding  November  elec- 
tion. All  said  nomination  petitions  may  be  signed  by  regis-  who  may  sign. 
tered  and  qualified  voters  residing  in  any  part  of  a  ward 
for  a  ward  office,  in  any  part  of  a  city  for  a  general  city 
office,  or  any  part  of  a  county  for  a  county  ofdce,  or  any 
part  of  a  district  for  a  district  office,  or  any  part  of  the 
state  for  a  state  office:  I'rovided,  That  in  cities  or  counties  proviso 
of  two  hundred  fifty  thousand  population  or  more,  in  lieu 
of  the  above  petition,  a  petition  therefor,  signed  by  the  can- 
didate, which  shall  state  the  name  of  the  candidate,  his  resi- 
dence, street,  bouse  number  and  the  political  party  of  which 
he  is  a  member,  and  the  office  sought,  may  be  filed  with 
the  clerk  of  the  county  or  city  whei'e  said  candidate  resides, 
as  herein  provided.  Such  candidate  shall  at  the  time  pay 
to  the  clerk  of  the  city  or  county,  as  the  ca.se  may  be,  a 
sum  of  money  equal  to  one  half  of  one  per  centum  of  the  sal- 
ary and  fees  of  the  preceding  year  of  such  office,  the  amount 
thereof  to  be  ascertained  or  estimated  as  nearly  as  may  be 
by  such  clerk;  and  upon  complying  with  the  above  pro- 
visions such  candidate's  name  shall  be  printed  upon  the 
primary  ballot,  if  otherwise  (jualified. 

Am.   l'.)ll,  .\ct  279;  1913,  Act  118. 

(683)     Sec.  28.     To  obtain   the  printing  of  the  name  of  united  states 
any  candidate  of  a  new  political  party  for  United   States '^"''""'' ^"■■ 
senator,  goveraor  or  lieutenant  governor  under  the  particular 
party  heading  on  the  official  primary  election  ballots  in  the 
various  voting  precincts  of  this  state,  nomination  petitions 
signed  by  at  least  three  thousand  registered  and  qualified 
voters  residing  in  the  state,  shall  be  filed  with  the  secretary 
of  state.     To  obtain  the  printing  of  the  name  of  any  candi-  Newpart.v 
date  of  a  new  political  party  for  a  district,  county  or  city  <:a°^''ia'es 
office,    under   the   particular   party    heading   on    the   official 
primary  election  ballots  in  the  various  voting  precincts  of 
such  district,  county  or  city,  as  the  case  may  be,  such  can- 


238 


STATE   OP  MICHIGAN. 


didate  shall  file  noiuinatiou  petitions  with  the  secretary  of 
state,  county  clerk  or  city  clerk,  as  the  case  may  be,  signed 
by  at  least  one  hundred  registered  and  qualified  electors  re- 
Proviso.  siding  in  such  district,  county  or  city :     Provided,  That  any 

qualified  and  registered  elector  who  resides  in  the  particular 
district,  county  or  city  as  the  case  may  be,  may  sign  the 
nomination  jietilion  of  any  candidate  representing  a  new 
political  party. 

Am.    Id. 


Form  of 
petition. 


(684)  Sec.  29.  All  nomination  petitions  shall  be  in  the 
following  form : 

We,  the  undersigned  registei'ed  and  qualified  voters  afiili- 
ated  with  the  party  and  resi- 
dents of  the  city  of ,  or  the 

township  of in  the  county  of 

and  state  of  Michigan,  hereby  nominate , 

who   resides  at  No street,   city  of 

,  or  in  the  township  of , 

in  the  county  of ,  as  a  candidate  of 

the  party  for  the  office  of 

,  to  be  voted  for  at  the  primary 

election  to  be  held  on  the ^ . ,  day  of , 

as  representing  the  principles  of  said  party. 

Name.     Kesidence.     Street   number    (in   cities  having  street 
Nos.) 

Date  of  signing. 


Electors  not 
to  sign  more 
than  one 
petition. 


Am.    1913,   Act   118. 

(685)  Sec.  30.  It  shall  be  unlawful  for  any  registered 
and  qualified  voter  to  sign  more  than  one  such  nominating 
petition  for  the  same  office  except  where  there  are  two  or 
more  candidates  to  be  nominated  for  the  same  office,  when 
he  may  sign  as  many  petitions  as  there  are  persons  to  be 
elected  to  such  office."  The  same  rule  shall  apply  to  qualified 
electors  in  the  signing  of  petitions  of  candidates  of  a  new 
political  party.  It  shall  be  unlawful  for  any  candidate  to 
wilfully  and  intentionally  ju-ocure  more  names  upon  nomi- 
nation petitions  than  the  maximum  number  prescribed  in 
this  act.  The  various  county  clerks  and  city  clerks  shall  pre- 
pare and  keep  on  hand  blank  fonns  of  nomination  petitions 
for  the  use  of  the  voters  and  candidates  in  said  city  or 
county.  Nothing  herein  contained  shall  be  construed  to  pro- 
hibit any  candidate  from  having  his  own  nomination  peti- 
tions printed,  but  they  must  comply  substantially  with  the 

^ above  form.     All    sucii  nomination   petitions  shall   be  open 

'ftiiong"  "^     to  public  inspection  and  subject  to  examination  after  being 
pe  1  long.         ^^^^  .^  ^^^  ^^^^  ^^  Secretary  of  state,  county  clerk,  or  city 
clerk,  in  accordance  with  such  reasonable  rules  and  regula- 
tions as  may  be  prescribed   by  such  officers.     The  various 


Public 


LAWS   RELATING   TO   ELECTIONS.  239 

officers  named  herein  shall  keep  a  public  record  of  the  nomi- 
nation petitions  filed  in  a  book  for  that  purpose,  which  record 
shall  indicate  the  names  of  the  candidates,  the  oflSces  sought, 
and  the  dates  when  such  nomination  petitions  were  filed. 

Am.    Id. 

(G86)     Sec.  31.     The  secretaiy  of  state  and  the  various  petitiong, 
county  clerks  and  the  city  clerks  of  cities  in  whick  city  ofti-  fii'ngo'- 
cers  are  to  be  elected  at  the  November  election  shall  receive 
nomination  petitions  filed  in  accordance  with  the  provisions 
of  this  act  up  to  four  o'clock,  standard  time,  in  the  after- 
noon of  the  thirtj' -first  day  before  the  August  primary,  and  in 
counties,  districts  and  cities  where  district  and  local  officers 
are  elected  at  a  time  other  than  the  November  election,  the 
county  and  city  clerk  thereof  or  the  secretary  of  state  shall 
receive   nomination   petitions   filed   in    accordance  with  the 
provisions  of  this  act  up  to  four  o'clock,  standard  time,  in 
the  afternoon  of  the  twenty-first  day  before  the  time  desig- 
nated for  holding  a  primary  election  in  such  district,  county 
or  city.    The  secretary  of  state,  or  county  or  city  clerk  shall  candidates, 
forthwith   prepare  and  publicly   expose  in   his  office  a   list  "^'  °' 
of  the  candidates  for  offices  named  in  the  nomination  peti- 
tions filed  in  his  office,  as  near  as  may  be,  as  they  will  appear 
upon  the  official  primary  election  ballots :    Provided,  That  if  proviso. 
any  nomination  petitions  contain  more  than  the  necessarj' 
percentage  of  names  hereinbefore  referred  to,  the  excess  over 
and  above  the  necessary  four  per  centum  shall  not  be  consid- 
ered nor  counted.     The  said  secretary  of  state,  or  county  or  certification, 
city  clerk,  shall  forthwith,  after  the  last  day  named  herein 
for  receiving  and  filing  nomination  petitions,  certify  to  the 
proper  board  or  boards  of  election  commissioners  in  such  city, 
county,  district  or  in  the  state  and  to  the  proper  county 
clerk,  the  names  and  postoffice  addresses  of  all  party  candi- 
dates whose  petitions  meet  the  requirements  of  this  act,  to- 
gether with  the  name  of  the  political  party  and  the  office 
for  which  they  are  candidates.    In  case  it  is  determined  that  DeDcient 
the  nomination   petitions  of  any   candidate  do  not  comply  p®""""^- 
with  the  requirements  of  this  act,  or  if  for  any  other  cause 
such  candidate  is  not  entitled  to  have  his  name  printed  upon 
the  official  primai-y  election  ballots,  it  shall  be  the  duty  of 
the  secretary  of  state  or  county  or  city  clerk  to  immediately 
notify  such  candidate  of  such  fact,   together  with  a  state- 
ment of  the  reasons  why  his  name  was  not  certified  to  the 
respective  boards  of  election  commissioners. 

Am.  1911,  Act  279. 

(687)     Sec.  32.    All  primary  elections  for  the  nomination  primary 
of  party  candidates  for  office  shall  be  held  by  election  pre-  h^'hew, 
cincts  the  same  as  general  elections  are  held,  and  the  polls  etc. 
thereof  shall  be  kept  open  in  the  respective  precincts  for  the 
same  length   of  time:     Provided,  That    in   any  city  of  five  Proviso, 

cert&Ln  cities 

thousand  population  or  over,  the  polls  of  the  primary  election 


240 


STATE  OF  MICHIGAN. 


Further 
proviso. 


Klection 
ioapectorp. 


shall  be  kept  open  until  eight  o'clock  p.  m.  standard  time, 
and  in  cities  having  a  population  of  two  hundred  thousand 
or  more,  the  polls  shall  be  kept  open  until  ten  o'clock  p.  m., 
standard  time:  Provided  further.  That  the  township  l3oard 
of  any  township  or  the  common  council  of  auy  city  of  less 
than  five  thousand  population  may  direct  that  the  polls  be 
held  open  until  eight  o'clock  p.  m.,  standard  time. 

M)S8)  Sec.  33.  Each  primary  election  shall  be  presided 
over  by  a  board  of  primary  election  inspectors,  which  board 
shall  be  composed  of  the  members  of  the  board  of  election 
inspectors  provided  for  under  the  general  election  law.  The 
provisions  of  the  general  election  law  relative  to  the  furnisJi- 
iug  and  distribution  of  ballots,  tally  sheets,  pencils,  ballot 
boxes,  arrangement  of  booths,  initialing  of  ballots,  powers  and 
duties  of  inspectors,  manner  of  conducting  the  election,  and 
all  other  matters  shall  be  applicable  hereto  except  insofar 
a.'s  the  provisions  thereof  may  be  inconsistent  herewith :  Pro- 
vided, however,  That  the  number  of  pei*sons  constituting  a 
board  of  primary  election  inspectors  and  the  gate  keepers 
)iiay  in  the  discretion  of  the  townsJiip  board  or  common  coun- 
cil of  cities,  be  reduced  to  such  a  number  as  may  be  actually 
necessary  to  properly  perform  the  duties  thereof  and  in  case 
the  number  is  reduced  said  board  or  common  council  shall 
designate  who  shall  act. 


Proviso. 


Challenged 
voter. 


Oath. 


Am.   1911,  Act  279;  1913,  Act  118. 

ffiS9)  Sec.  34.  After  the  polls  are  opened  at  a  primary 
election,  auy  elector  who  is  legally  registered  and  qualified, 
shall,  before  entering  the  booth,  be  furnished  a  ballot.  It 
shall  be  competent  for  any  registered  and  qualified  voter  or 
primary  election  inspector  present  to  challenge  the  right  of 
any  one  offering  to  vote,  on  the  ground  that  he  is  not  a  legal 
voter  in  that  precinct.  When  the  right  of  any  voter  to  a  bal- 
lot is  challenged  he  shall  be  required  to  take  and  subscribe 
an  oath  that  he  is  a  registered  and  qualified  voter.  Such  oath 
shall  be  in  the  following  form: 

I  hereby  solemnly  swear  (or  affirm)  that  I  am  a  resident 
and  registered  and  qualified  elector,  and  possess  the  qualifica- 
tions of  a  legal  voter,  in  the  township  of   

or  in  the  precinct  of  the  

ward  of  the  city  of 

If  the  challenged  voter  takes  and  subscribes  to  the  above 
oath  he  shall  then  receive  the  ballot  for  which  he  has  asked 
and  be  entitled  to  vote  it,  the  same  as  if  his  vote  had  not  been 
challenged;  but  unless  a  challenged  voter  takes  and  sub- 
scribes to  the  above  oath,  he  shall  not  be  permitted  to  vote 
at  such  primary  election.  If  any  peivson  who  takes  the  fore- 
going oath,  swears  falsely,  he  shall  upon  conviction  thereof, 
be  subject  to  all  the  pains  and  penalties  of  perjury.  The 
provisions  of  section  three  thousand  five  hundred  twenty -two 
of  the  compiled  laws  of  eighteen  hundred  ninety-seven  are 


LAWS   RELATING    TO   ELECTIONS.  241 

expressly  made  applicable  hereto.  A  record  shall  be  kept  of 
auy  primary  ballot  cast  by  any  voter  whose  right  to  vote 
has  been  challenged,  in  a  similar  manner  to  that  provided  in 
the  general  election  law. 

Am.    1913,    Act   118. 

(690)  Si:e.  35.     The  voter  after  having  received  his  ballot  Marking  of 
shall  enter  a  booth,  and  while  there  concealed  from  view  pre-    ^  "'' 
jiare  snch   ballot  by   making  a  cross  in   the  circle  beneath 

ihe  heading  of  the  party  colnmn  of  the  ticket  he  desires  to 
vote  and  then  making  a  cross  in  the  square  at  the  left  of  the 
names  of  snch  candidates  in  such  column  as  he  may  desire  to 
vote  for,  but  in  no  case  for  more  candidates  for  any  office 
than  is  indicated  under  the  title  of  such  office.  He  maj', 
however,  vole  for  any  person  whose  name  is  not  printed  in 
such  column  by  inserting  such  other  name  in  such  manner 
as  shall  make  it  a  substitute  for  any  name  which  is  printed 
therein  or  where  no  candidate's  name  apj)ears  in  such  column. 
He  shall  then  fold  the  ballot  so  that  the  perforated  corner  Folding. 
bearing  the  ballot  number  shall  be  on  the  outside,  and  present 
it  to  the  projjer  inspector,  who  shall  tear  off  the  number 
and  deposit  the  ballot  in  the  ballot  box.  When  a  voter  asks 
for  a  ballot  the  inspector  shall  enter  his  name  upon  the  poll 
list,  and  the  number  of  his  ballot,  before  the  same  is  given 
to  the  voter  and  the  inspector  receiving  the  ballot  shall  be- 
fore depositing  it  in  the  box,  ascertain  by  comparison  with 
the  poll  list  whether  it  is  the  same  ballot  given  to  such 
voter,  and  if  it  is  not  the  same  ballot  he  shall  reject  it  and 
such  voter  shall  not  be  allowed  to  vote  at  such  primary  elec- 
tion. If  it  is  the  same  ballot  the  inspector  shall  deposit  the 
same  in  the  ballot  box.  If  any  voter  shall,  after  marking 
his  ballot,  so  expose  it  to  any  person  as  to  reveal  the  name 
of  any  candidate  voted  for  thereon,  such  ballot  shall  be  re- 
jected and  such  voter  shall  forfeit  the  right  to  vote  at  such 
primary  election,  and  a  brief  minute  of  such  occurrence  shall 
be  made  upon  the  poll  list  opposite  the  name  of  such  voter. 
Challengers  appointed  by  the  several  political  parties  shall  challengers. 
be  allowed  to  be  present  with  the  same  powers  as  are  pro- 
vided by  law  for  general  elections. 

Am.   Id. 

Ballots  should  not  be  rejected  on  recount  because  of  the  failure  of  the 
inspectors  to  place  opposite  the  names  of  the  voters  on  the  poll  list  the 
numbers  of  their  ballots,  unless  the  irregularity  was  fraudulent. — Abbott  v. 
Montcalm    Co.   Canvassers,    172  /  416. 

(691)  Sec.  36.    After  the  closing  of  the  polls  on  the  day  counting  of 
of  holding  any  primary-  election,  the  ballots  shall  be  counted  baUots. 

as  provided  by  law  for  the  counting  of  the  ballots  of  any 
regular  election.  In  counting  such  ballots  only  those  can- 
didates for  nomination  to  office  who  have  a  cross  made  in 
the  square  at  the  left  of  their  names  shall  be  deemed  to  have 
been  voted  for,  and  any  ballot  upon  which  the  voter  fails  to 
indicate  his  party  choice  by  making  a  cross  in  the  circle 
31 


242 


STATE  OF  MICHIGAN. 


at  the  head  of  the  party  column  shall  [be  counted:]  Pro- 
vided the  voter  does  not  vote  for  any  candidate  in  more 
than  one  party  column,  but  if  the  voter  votes  in  more  than 
one  party  column  the  ballot  shall  be  void  and  shall  not  be 
counted  and  any  ballot  upon  which  more  candidates  for 
any  office  have  been  voted  for  than  may,  by  law,  be  elected 
to  such  office,  or  any  ballot  upon  which  any  candidate  is 
voted  for  outside  the  party  column  designated  by  the  voter 
as  his  party  ticket  by  the  placing  of  a  cross  in  the  circle  at 
the  head  of  such  ticket  shall  be  rejected  as  to  all  names  ap- 

Deiegates.  pearing  for  that  office.  The  required  number  of  electors  who 
received  the  highest  number  of  votes  for  delegates  to  the 
county  convention  of  any  political  party  shall  be  declared 
by  the  board  of  primary  election  inspectors  to  be  elected. 
Said  board  shall  certify  to  the  county  clerk  the  names  of 
the  electors  so  elected  as  delegates,  naming  the  political 
party  upon  whose  ballots  such  electors  were  elected.  Said 
board  shall  also  certify  to  each  delegate  so  elected,  his  elec- 

How  certified,  tlou  as  such  delegate.  The  county  clerk  shall  certify  to  the 
chairman  of  the  county  committee  of  each  political  party  of 
the  county  the  delegates  elected  by  each  political  party  as 
delegates  to  the  county  convention. 

Am.  Id. 


Result,  how 
declared,  etc. 


Ballots, 
disposal  of. 


(692)  Sec.  37.  After  the  votes  at  any  primary  election 
in  any  election  precinct  shall  have  been  counted,  the  officials 
counting  the  same  shall  publicly  declare  the  result,  and  forth- 
with make  and  certify  written  detailed  statements,  such  as 
are  required  by  law  for  general  elections,  except  as  herein- 
after provided,  showing  the  whole  number  of  votes  cast  in 
such  election  precinct  for  each  candidate  voted  for  on  each 
party  ballot,  and  shall  certify,  subscribe  and  seal  in  a  sepa- 
rate enveloj)e  such  statements  and  one  of  the  tally  sheets,  and 
write  thereon  the  name  and  number  of  the  election  precinct, 
if  any,  and  deliver  such  statements  and  tally  sheets  to  such 
per.sons  and  at  such  times  as  are  required  by  law  for  general 
elections.  As  soon  as  they  have  completed  the  counting  of 
the  votes  of  their  respective  precincts  they  shall  return  all 
the  ballots  voted  to  the  ballot  boxes,  and  all  books,  unused 
ballots,  supplies,  lists  and  subscribed  oaths  shall  be  safe- 
guarded and  returned,  as  near  as  may  be,  in  the  manner 
provided  for  by  law  governing  general  elections. 

Am.   1911,   Act   279;  1913,  Act  118. 


Canvass.  (693)     Sec.  38.     The  returns  of  said  primary  election  shall 

be  canvassed  and  the  results  declared  in  the  same  manner 
and  within  the  same  time  after  the  primary  election  and  by 
the  same  officers  as  is  provided  by  the  general  law  for  can- 
vassing the  returns  and  declaring  the  result  in  city,  county, 
district  and  state  elections,  except  that  in  the  case  of  nomi- 
nations for  United  States  senator,  governor,  or  lieutenant 
governor,  or  officers  from  districts  comprising  more  than  one 


LAWS   RELATING    TO    ELECTIONS.  243 

county,  the  comity  clerks  of  each  county  affected  shall  trans- 
mit to  the  secretary  of  state,  within  ten  days  after  the  pi'i- 
niai'y  election,  certified  copies  of  the  number  of  votes  received 
by  each  of  the  candidates  for  the  nomination  of  any  of  the 
said  offices.    The  secretary  of  state  shall  appoint  <a  meeting  of  Canyasaers, 
the  board  of  state  canvassers  at  his   office  not   later  than  "^^'^  '"^ " ' 
twenty  days  after  the  primary  election,  which  date  shall  be 
certified  to  the  chairman  of  the  state  central  committee  of 
each  political  party,  for  the  purpose  of  canvassing  the  votes 
of  the  candidates  for  such  office.     The  said  board  shall  pro-  votes,  how 
ceed  in  the  same  manner  in  canvassing  the  votes,  certifying,  ^"•"^'i''^'^'i- 
recording  and  determining  results,  etc.,  for  nomination  for 
United  States  senator  and  governor  and  lieutenant  governor 
as  is  done  in  canvassing  the  votes  in  the  case  of  election  of 
state  officials.      In   canvassing  the  votes  of  candidates   for 
members  of  congress,  state  senators  and  representatives  of 
the   legislature,    in    districts    composed    of    more   than    oue 
county,  said  board  shall  pi-oceed  in  like  manner  as  is  done  in 
the  canvas.sing  of  votes  cast  for  members  of  congress. 

(091)     Sec.  39.     The  candidate  of  each  political  party  for  who 
nomination  for  iinj  office  who  receives  the  greatest  number  nomtnel 
of  votes  cast  for  candidates  for  any  such  office  as  set  forth 
in  the  returns  or  as  determined  by  the  board  of  canvassers  on 
the  recount  by  it  of  said  ballots,  shall  be  declared  the  nominee 
of  that  political  party   for  said  office  at  the  next  ensuing 
November  election,  or  at   the  next  city  election,  or  at  the 
next  election  for  United  States  senator,  as  the  case  may  be, 
and    the  board   of   canvassers   shall    forthwith   certify   such 
nominations  to  the  respective  boards  of  election  commission- 
ers affected  thereby :    Provided,  That  in  the  case  of  a  candi-  Proviso, 
date  for  the  office  of  United  States  senator,  the  board  of  stato** 
state  canvassers  shall  forthwith  certify  the  result  of  the  pri-  senator,  etc. 
nmi'y  election  to  the  secretary  of  state,  and  the  secretary  of 
state  shall   certify  .said  result  to  the  next  succeeding  legis- 
lature on  the  first  day  of  the  session. 

(G95)  Sec.  40.  Any  candidate  voted  for  at  any  primary  irregularities. 
election  provided  for  in  this  act,  who  conceives  himself  ag- 
grieved on  account  of  fraud  or  error  by  the  board  of  primary 
election  inspectors,  or  in  the  count  of  the  votes  cast,  or 
the  returns  made  by  said  board,  may,  on  or  before  the  close 
of  the  day  or  days  upon  which  the  board  of  city  or  county 
canvassers  meet,  present  to  and  file  with  the  chairman  or 
secretary  of  the  particular  board  of  the  county  or  city  in 
which  a  recount  is  asked,  a  written  or  printed  petition,  which 
shall  be  sworn  to,  and  shall  set  forth  as  near  as  may  be  the 
nature  of  the  errors  or  fraud  complained  of,  and  the  particu- 
lar township,  ward  or  precinct  in  which  the  alleged  irregu- 
larities occurred  and  ask  for  a  recount  of  the  votes  cast 
therein.  Such  })etitioner  shall  at  the  same  time  deposit  with  Petitioner 
the  chairman  or  secretary  of  said  board  the  sum  of  ten  dollars  rfeposi't? 
for  each  and  every  township  or  ward,  but  the  whole  amount 
shall  not  exceed  one  hundred  dollars  in  any  one  coimty,  the 


244 


STATE  OP  MICHIGAN. 


Notice  to 
opponent. 


Canvassers, 
board  of, 
when  to 
open  ballot 
boxe.s. 


vote  of  which  he  requests  to  have  recounted  by  said  board. 
When  said  petition  is  filed  and  the  amount  herein  prescribed 
is  deposited,  and  alter  giving  at  least  twenty-four  hours 
written  notice  thereof  to  the  opposing  candidate  by  handing 
to  such  candidate  a  copy  of  the  petition,  or  if  such  candidate 
cannot  be  found,  by  leaving  such  copy  at  his  place  of  resi- 
dence, with  some  person  of  suitable  age,  if  such  person  can 
he  found,  and  if  not  by  posting  it  in  some  conspicuous  place 
ujwn  his  last  known  place  of  residence.  It  shall  be  the  duty 
of  said  board  of  canvassers  to  investigate  the  facts  set  forth 
in  said  petition  and  to  cause  the  ballot  boxes  used  in  such 
election  in  such  township  or  ward  to  be  brought  before  it. 
The  said  board  shall  thereupon,  in  some  public  place  where 
the  interested  candidates  and  their  counsel  may  be  pi-e.sent, 
if  they  so  desire,  proceed  forthwith  to  open  the  ballot  boxes 
from  such  townships  or  wards  and  to  make  a  recount  thereof 
as  to  such  candidates,  and  make  a  correct  and  complete  return 
in  writing  showing  the  full  number  of  votes  cast  and  the 
names  of  the  candidates  and  the  number  of  votes  given  to 
each.  When  the  recount  of  each  box  is  completed  the  said 
board  shall  at  once  return  the  ballots  thereto,  carefully  lock 
and  seal  same  in  the  manner  provided  by  law  for  the  locking 
and  sealing  of  ballot  boxes,  and  deliver  the  ballot  boxes  to 
the  oflicer  having  the  care  and  custody  thereof.  The  returns 
made  by  the  said  board  of  canvassers  upon  such  recount  shall 
be  deemed  to  be  correct,  anything  in  the  previous  return 
from  such  township,  ward  or  precinct,  to  the  contrary  not- 
withstanding. In  all  cases  where,  by  reason  of  such  recount 
or  recounts,  the  petitioner  succeeds  in  establishing  frauds  or 
mistakes  sufiBcient  that  the  total  changes  made  thereby  in 
the  territory  from  which  he  is  to  be  nominated  shall  result 
in  his  nomination,  the  money  deposited  by  him  with  each  of 
such  boards  shall  be  refunded;  otherwise  it  shall  be  turned 
into  the  treasury  of  the  county  or  city,  as  the  case  may  be. 
If  two  or  more  candidates  of  the  same  political  party  be  tied 
for  the  same  office,  the  tie  shall  be  determined  by  lot  to  be 
cast  then  and  there,  as  the  canvassing  board  may  direct. 


Returns, 
when  deem- 
ed correct. 


Tie  vote. 


The  power  of  the  board  of  state  canvassers,  upon  a  recount,  extends  only 
to  a  recount  of  the  ballots  in  the  ballot  boxes  brought  before  them,  and 
they  have  no  power  to  compare  the  enrollment  lists  with  the  poll  lists  and 
draw  from  the  box  as  many  ballots  as  the  comparison  shows  were  cast  by 
unenrolled  voters. — Bradley  v.  State  Canvassers,  154/274.  As  to  proceed- 
ings In  case  of  a  recount  in  a  precinct  where  voting  machines  are  used,  see 
Line  V.  Election  Canvassers,  154/330.  This  provision  as  to  a  recount  is  not 
confined  to  districts  composed  of  only  one  county ;  a  recount  may  be  had  in 
any  county  in  a  congressional  district. — Beakes  v.  Board  of  State  Canvassers, 
172/408. 


Printing  of 
names  on 
ballot. 


Provi.io, 
vacancy. 


(C96)  Sec.  41.  The  several  boards  of  election  commis- 
sioners shall  cause  to  be  printed  upon  the  official  election 
ballots  to  be  used  at  the  No^•ember  or  April  election,  or  at 
the  city  election,  as  the  case  may  be,  the  names  of  the  can- 
didates for  office  selected  under  the  provisions  of  this  act: 
Provided,  That  when  any  candidate  shall  die  or  shall  with- 
draw as  such  candidate  before  the  printing  of  the  ballots, 
after  having  been  nominated  as  herein  provided,  the  proper 


LAWS   RELATING   TO   ELECTIONS.  245 

board  of  elect  iou  commissioners  shall  cause  to  be  printed 
or  placed  upon  such  ballot  in  place  of  the  name  of  such  can- 
didate or  to  fill  such  YacancT,  the  name  of  the  candidate 
which  shall  be  selected  by  the  proper  party  committee  as 
shown  by  the  certificate  of  its  chairaian  and  secretary',  in 
the  manner  provided  for  in  the  general  election  law;  and 
for  this  pur])ose,  in  a  county  comprisinf;:  a  single  representa- 
tive or  senatorial  or  congressional  district,  the  county  com- 
mittee of  each  political  party  of  each  such  county  shall  con- 
stitute the  representative  or  senatorial  or  congressional  com- 
mittee of  said  political  party  for  such  representative  or  sena- 
torial or  congressional  district,  as  the  case  may  be;  and  in 
a  county  comprising  more  than  one  representative  or  sena- 
torial or  congressional  district  the  members  of  the  county 
committee  of  each  political  party,  residing  in  each  such  rep- 
resentative, senatorial  or  congressional  district  of  such 
county,  shall  constitute  a  committee  of  said  political  party 
for  such  representative  or  senatorial  or  congressional  district, 
as  the  case  may  be,  and  such  committee  shall  elect  its  chair- 
man and  other  officers;  and  in  i-epresentative  or  senatorial 
or  congressional  or  judicial  districts  comprised  of  more  than 
one  county,  the  county  committee  provided  for  in  this  act, 
of  each  political  party  of  each  county  of  such  representative 
or  senatorial  or  congressional  or  judicial  district,  or  the  mem- 
bers of  the  county  committee  representing  that  portion  of 
any  county  fonuing  part  of  such  representative  or  senatorial 
or  congressional  or  judicial  district,  as  the  case  may  be,  shall 
elect  one  or  more  electors  of  said  political  party,  residing 
within  the  district  that  he  is  to  represent,  as  a  member  of 
the  committee  of  such  political  (larty  for  such  district:  Pro-  Proviso. 
vided.  That  the  ]iarty  nominee  or  nominees,  if  more  than 
one  from  the  same  district,  shall  have  the  privilege,  if  he  or 
they  so  elect,  of  naming  the  coniiuitlee  of  the  i)olitical  party 
for  the  district  from  which  he  or  they  have  been  nominated. 
Such  committee  shall  elect  a  chairman  and  other  officers  of 
which  the  chairman  shall  have  a  vote  on  all  questions.  The  chairiii;iii. 
candidates  for  county  offices  nominated  at  each  August  pri-  commfttee!"'* 
man'  ofeach  political  party  shall  within  ten  days  after  the 
said  primary  election,  meet  at  a  time  and  ])lace  to  be  fixed 
by  the  then  chairman  of  the  county  committee  and  elect  a 
chairman  and  secretary  of  the  county  committee  who  shall 
hold  such  position  for  a  period  of  two  years  and  until  their 
successors  are  selected.  When  such  death  or  withdrawal  shall 
occur  subsequent  to  the  printing  of  the  official  ballots,  it  shall 
be  the  duty  of  said  board  of  election  commissioners,  if  time 
permits,  to  forward  the  various  election  inspectors'  slips  con- 
taining the  name  of  the  candidate  entitled  to  fill  the  vacancy 
caused  by  such  death,  or  withdrawal  slips  shall  be  pasted 
in  the  jiroper  iilace  upon  the  official  ballot  by  the  board  of 
election  inspectors.  If  in  any  case  a  person  is  nominated  for 
any  office  by  more  than  one  political  party,  it  shall  be  his 
dutv  to  elect  within  five  days  after  the  official  canvass  of  the 


246 


STATE   OF  MICHIGAN. 


Proviso. 


returns  of  said  primary  election  upon  which  ticket  he  wishes 
his  name  to  appear,  and  unless  such  election  is  made  such 
candidate's  name  shall  not  be  printed  on  any  ballot:  Pro- 
vided, That  in  case  of  the  death  or  withdrawal  of  any  can- 
didate as  hereinbefore  mentioned,  or  in  case  a  candidate  is 
nominated  for  any  ofBce  by  more  than  one  political  party, 
and  such  vacancy  shall  not  be  filled  by  the  proper  committee 
within  five  days  from  the  time  of  its  occurrence,  the  board 
of  election  commissioners  shall  print  on  said  official  ballot, 
in  place  of  the  candidate  who  has  died,  withdrawn  or  elected 
to  have  his  name  appear  upon  another  party  ticket,  the  name 
of  the  person  who  received  the  next  highest  vote  at  the  pri- 
mary for  that  oflBce  on  such  party  ticket:  Provided  further, 
That  it  shall  be  imlawful  for  any  board  of  election  com- 
missioners to  print  on  any  ofiScial  election  ballot  prepared 
for  the  use  of  voters  at  any  election  the  name  of  any  can- 
didate required  by  this  act  to  be  nominated  by  primary 
election,  unless  such  candidate  was  selected  under  authority 
of  this  act  and  this  prohibition  shall  operate  against  any 
candidate  selected  in  any  mass  convention  or  by  any  so-called 
independent  voters  at  any  caucus  or  convention.  The  can- 
didates for  city  ofiBces,  in  cities  having  a  population  of  less 
than  seventy  thousand,  the  voters  of  which  have  not  adopted 
the  provisions  of  this  act,  shall  be  nominated  in  convention 
and  the  names  of  such  candidates  certified  to  the  proper 
board  of  election  commissioners  and  placed  upon  the  official 
ballots  in  the  manner  provided  for  by  existing  law. 


Further 
proviso. 


.4m.    1911,    Act   279:    1913.   Act    118. 

Tlip  text  of  tliis  section,  under  tlie  amendment  of  1911,  provided  that  votes 
oast  tor  candidates  upon  the  ballots  of  another  political  party  than  the  one 
in  which  he  was  enrolled,  and  it  was  accordinaly  held  that  votes  cast  for  an 
enrolled  republican,  as  a  candidate  on  the  national  profrressire  ticket,  could 
not  be  counted. — Cook  v.  Board  of  Election  Com'rs  of  Cheboygan  Co.,  172  / 
437.  But  all  provisions  requirinj^  party  enrollment  were  dropped  by  the 
amendments  of  1913  to  the  several  sections  of   this  act. 


County 
conventions. 


Same  day 

throughout 

state. 


County 
committee, 
when  chosen. 


(697)  Sec.  42.  The  county  conventions  of  all  political 
jiarties  for  the  election  of  delegates  to  a  state  convention  for 
the  nomination  of  state  officers  shall  be  held  within  fifteen 
days  after  the  March  and  August  primaries.  All  sudi  county 
conventions  of  any  one  political  party  shall  be  held  on  the 
same  day  throughout  the  state,  which  day  shall  be  desigTiated 
by  the  state  central  committee  of  such  political  party  in  its 
call  for  the  state  convention  to  nominate  candidates  for  state 
offices.  The  time  and  place  of  meeting  of  such  county  con- 
vention shall  be  designated  in  the  call  issued  therefor  by  the 
respective  county  committees  of  such  political  party.  The 
number  of  delegates  to  which  such  political  party  in  such 
county  is  entitled  shall  be  chosen  at  such  county  convention. 
The  county  committee  except  chairman  and  secretary  shall 
be  chosen  by  each  political  party  at  each  county  convention 
held  after  each  August  primai*y. 

Am.  1911,  Act  279. 


LAWS    RELATING    TO    ELECTIONS.  247 

(698)  Sec.  43.     The  state  convention  of  all  political  par-  state 
ties  for  the  nomination  of  candidates  for  state  offices  and  the  wherfheui"' 
selection  of  members  of  the  state  central  committee  shall  be 

held  within  forty  days  after  the  Augnst  primary  and  within 
fifteen  days  after  the  March  ])rimary,  but  not  less  than  ten 
days  after  the  day  appointed  for  the  meeting  of  the  board  of 
state  canvassers  for  the  purpose  of  canvassing  the  primary 
election  returns  mentioned  in  this  act.  The  particular  day  Caiis  for. 
and  the  time  and  place  of  meeting  shall  be  designated  by 
the  state  central  committees  of  the  various  political  parties 
in  the  calls  for  said  state  conventions,  which  calls  shall  be 
issued  at  least  thirty  days  prior  to  the  August  and  March 
primaries. 

Am.   Id. 

(699)  Sec.  44.     Whenever  the  voters  of  any  city  of  less  when  certain 
than  seventy  thousand  population  shall  decide  to  select  party  to  artopf"^^ 
candidates  pursuant  to  the  provisions  of  this  act.  the  peti-  Pes^hirnt"'^ 
tions   for  submission   or  resubmission   of  the  question  itself, 

the  nomination  of  candidates,  the  printing  of  ballots,  the  con- 
ducting of  the  primary,  and  any  other  provisions  for  city 
nominations  shall  be  governed,  insofar  as  applicable,  by  the 
provisions  of  this  act  relative  to  the  nomination  of  party  can- 
didates for  district  offices:  Provided,  That  in  any  city  of  Proviso, 
more  than  seventy  thousand  population  the  nomination  of  votlMg 
candidates  for  city  offices  by  all  parties  shall  be  by  direct  ■^equiroii. 
vote,  and  in  cities  of  less  than  seventy  thousand  pojjulation 
where  any  political  party  is  now  nominating  its  candidates 
for  city  offices  by  the  direct  voting  system  jirovided  for  in 
this  act  or  some  former  act,  every  political  party  in  such  city 
shall  hereafter  so  nominate  its  candidates,  unless  the  quali- 
fied voters  of  such  city  shall  decide  otherwise,  according  to 
the  provisions  of  this  act.  The  primary  election  in  cities 
having  adopted  the  direct  voting  system  for  the  nomination 
of  candidates  for  city  offices  to  be  voted  for  on  the  first  Mon- 
day of  April  provided  for  in  this  act  shall  be  held  on  the  first 
Wednesday   of   JIarch    preceding   such    April    election.     All  au  primary 

*  I  -^  I  elections 

primary  elections  held  in  this  state  shall  be  governed  by  and  governed  by 
conducted  in  accordance  with  the  provisions  of  this  act.         **""  ^'''' 

Am.   Id.    • 

(700)  Sec.  45.     Every  person  who,  directly  or  indirectly,  Mi.siie- 

by  himself  or  by  any  other  person  in  his  behalf,  gives,  lends,  what'deemed. 
or  agrees  to  give  or  lend,  or  offers,  or  proinises  any  mone.y  or 
valuable  con.sideration,  or  jiromises  or  endeavors  to  procure 
any  money  or  valuable  consideration  or  office,  place  or  em- 
ployment, to  or  for  any  voter,  or  to  or  for  any  person  on 
behalf  of  any  voter,  or  to  or  for  any  person  in  order  to  induce 
or  have  such  person  induce  any  voter  to  vote  for  or  refrain 
from  voting  for,  or  support  or  oppose  any  candidate,  or  on 
account  of  such  voter  having  voted  or  refrained  from  voting 
at  any  primary  election  in  this  state;  every  person  who  by 


248 


STATE  OF  MICHIGAN. 


any  means  receives,  agrees  or  contracts  for  any  money,  gift, 
fee,  loan  or  valuable  consideration,  ofQce,  place,  appointment 
or  employment  for  himself  or  any  other  person,  for  voting 
or  agreeing  to  vote,  or  for  refraining  or  agreeing  to  refrain 
from  voting  in  a  particular  manner  at  any  such  primary  elec- 
tion; or  for  inducing,  or  undertaking  to  induce  any  other 
person  to  vote  in  a  particular  manner,  or  to  do  or  perform 
any  of  the  acts  or  things  forbidden  by  this  act,  or  on  account 
of  doing  or  agreeing  to  do,  or  having  done  any  campaign 
work,  electioneering,  soliciting  votes  for  such  candidates  on 
jirimary  day  or  prior  thereto,  or  who  after  any  primary  elec- 
1ion  in  this  state,  directly  or  indirectly,  by  himself  or  by  any 
other  person  in  his  behalf,  gives  or  receives  any  money  or 
valuable  consideration  or  place,  position  or  employment  on 
account  of  any  person  having  voted  or  refrained  from  voting, 
or  having  induced  any  other  person  to  vote  or  refrain  from 
voting  at  any  such  primary  election ;  or  having  induced  or 
undertaken  to  induce  any  other  person  to  vote  in  a  particu- 
lar manner  or  for  any  particular  candidate  at  any  such  pri- 
maiy  election,  or  on  account  of  any  person  having  done  or 
been  a  party  to  doing  anything  forbidden  by  this  act,  it  being 
the  intent  of  this  clause  to  prohibit  the  prevailing  practice  of 
candidates  hiring  with  money  and  jn'omises  of  positions,  etc.. 
workers  on  primary  day  and  prior  thereto ;  also  every  person 
who  in  behalf  of  any  finn,  partnership,  association  or  cor- 
poration, gives,  lends  or  receives,  or  agrees  to  give,  lend  or 
receive,  or  offers  or  promises  any  money  or  valuable  consider- 
ation, place,  position  or  employment,  or  promises  or  endeav- 
ors to  procure  any  money  or  valuable  consideration,  in  order 
to  aid  or  promote  the  nomination  of  any  particular  candi- 
date, shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  con- 
viction thereof  shall  be  punished  by  a  tine  not  exceeding  five 
hundred  dollars  or  by  imprisonment  for  a  period  of  not  more 
than  six  months,  or  by  both  such  fine  and  imprisonment  in 
the  discretion  of  the  court. 

(701)  Sec.  Hi.  Any  person  who  shall,  while  the  polls  are 
open,  at  any  polling  place  on  any  primary  day,  solicit  votes 
in  the  said  polling  jilace,  or  within  one  hundred  feet  thereof; 
any  person  who  shall  offer  or  give  to  any  other  person  any 
intoxicating  liquors,  or  drink  any  intoxicating  liquors  within 
any  such  polling  ])lace;  any  person  who  shall  violate  any 
of  the  requirements  or  provisions  of  this  act  for  which  a 
penalty  is  not  herein  otherwise  provided;  any  person  who  shall 
refuse  or  neglect  to  perform  any  duty  enjoined  upon  him 
thereby ;  and  any  member  of  any  primary  election  board 
who  siiall  neglect  or  refuse  to  comply  with  any  provision  of 
this  act  upon  demand  of  any  elector  or  police  or  peace  officer 
so  to  do,  and  any  person  who  shall  vote  or  attempt  to  vote 
more  than  once,  or  in  more  than  one  election  district  at  the 
same  primai-y  election,  and  any  person  who  shall  vote  at 
any  primary  election  or  attemjit  to  so  vote  when  he  is  not 
legally  entitled  to  so  vote  shall  be  deemed  guilty  of  a  mis- 


Penalty. 


Misdemeanor, 
what  deemed. 


LAWS    RELATING    TO    ELECTIONS.  249 

demeanor  and,  upon  conviction  lliereof,  shall  be  subject  to 
the  ])nnishment  prescribed  in  the  precedinn;  section,  and  is 
hereby  made  the  duty  of  any  police  or  other  i>eace  officer 
jn-esent  and  having  knowledge  of  any  violation  of  any  of  the 
jirovisidns  of  this  section  to  forthwith  institute  criminal  pro- 
ceedings for  the  punishment  of  such  olVendcT-. 

Am.   loin,  .Vet  118. 

(702)  Sec.  47.     It   shall  be  unlawful  for  any  candidate  CampaiKn 
for  nomination  under  the  provisions  of  this  act,  after  the  unVawM' 
date  on  which  he  has  announced  himself  a  candidate  for  any  '"  p""'- 
office  included  within  the  provisions  of  this  act,  or  after  he 

has  filed  his  petition  to  have  his  name  placed  upon  the  pri- 
mary ballot,  and  before  the  close  of  the  polls  of  such  primary 
on  primary  day,  directly  or  indirectly,  by  himself  or  by  any 
otker  person,  to  post,  pay  for  posting,  or  cause  to  be  posted 
upon  or  in  any  building,  or  upon  any  tree,  post,  fence,  bill 
board,  telegraph  or  telephone  pole,  vehicle  or  other  object 
within  the  territory  where  he  is  a  candidate,  any  campaign 
card,  banner,  hand  bill,  poster,  lithograph,  half-tone  engrav- 
ing, photograph  or  other  likeness  of  himself,  or  other  ad- 
vertising matter  used,  or  intended  for  the  juirpose  of  ad- 
vertising or  advancing  his  candidacy  for  otlice. 

(703)  Sec.  48.     It  shall  be  unlawful  for  any  person,  after  idem. 
he  has  declared  himself  a  candidate  for  any  office  included  in 

the  provisions  of  this  act  or  filed  his  primary  petition  there- 
for as  herein  provided,  and  before  the  close  of  the  polls  on 
primary  day,  for  the  purpose  of  prompting  his  candidacy 
therefor,  or  for  use  in  his  campaign  for  such  office,  directly 
or  indirectly,  to  print  or  cause  to  be  printed,  pay  or  cause  to 
be  paid  for  printing,  circulate  or  distribute,  or  cause  to  be 
circulated  or  distributed,  any  campaign  cards,  hand  bill, 
banner,  poster  or  other  advertising  matter  larger  than  two 
and  one-fourth  inches  in  width  by  four  inches  in  length,  ex-  postal 
cept  postal  cards  and  letters,  or  which  contains  any  litho-  *^"''-^'  *''^- 
graph,  half-tone  engraving,  photograph  or  other  likeness  of 
himself,  which  likeness  is  larger  than  one  and  one-half  inches 
in  width  by  two  inches  in  height,  excepting  advertisements 
in  newspapers  as  hereinafter  provided,  or  to  publish  or  cause 
to  be  published,  pay  for  publishing,  or  cause  to  be  paid  for 
publishing,  any  printed  matter  whatsoever,  or  any  lithograph, 
iialf-tone  engraving  or  other  likeness  of  himself,  or  any  other 
jiolitical  advertisement  of  any  kind  or  nature  whatsoever 
which  is  intended,  published  or  manufactured  for  the  pur- 
pose of  promoting  or  advancing  his  candidacy  for  such  office, 
or  influencing  voters  relative  to  his  said  candidacy  in  or  upon 
any  magazine,  program,  bill  of  fare,  ticket  for  any  ball  or 
other  entertainment,  or  upon  or  in  any  other  substance  or 
[jublication  whatsoever,  except  in  a  daily,  weekly  or  monthly 
newspaper  which  has  been  regularly  and  bona  tide  published 
and  circulated  for  at  least  three  months  l)efore  such  advertise- 
ment is  to  lie  inserted  therein.    It  .shall  be  unlawful  for  any 


250 


STATE   OF   MICHIGAN. 


Money,  etc., 
soHriting  of. 


Lithograph, 
etc.,  unlawful 
to  publish. 


other  person  to  do  or  perform  for  or  on  behalf  of  any  snch 
candidate  or  to  help  or  injnre  the  candidacy  of  any  candi- 
date, any  of  the  acts  or  things  which  it  is  by  this  act  made 
unlawful  for  such  candidate  to  do. 

(70-1)  Sec.  49.  It  shall  be  unlawful  for  any  person  to 
solicit  from  any  candidate  for  nomination  for  any  office  in- 
cluded in  the  provisions  hereof,  any  money  or  other  jiropcrty. 
The  provisions  of  this  section  shall  not  apply  1o  requests  for 
contributions  of  money  by  or  to  an  authorized  representative 
of  the  political  party  committee  of  the  organization  to  which 
such  candidate  belong's,  and  shall  not  apply  to  any  regular 
business  transaction  between  any  such  candidate  and  any 
other  person,  which  is  not  intended  for  or  connected  with  the 
securing  of  votes  or  the  influencing  of  voters  in  connection 
with  such  nomination. 

(705)  Sec.  50.  It  shall  be  unlawful  for  any  candidate  for 
nomination  for  any  office  included  in  the  provisions  of  this 
act,  or  any  other  person  on  his  behalf,  for  the  purpose  of 
helping  his  candidacy  for  such  office,  directly  or  indirectly  to 
pay  for  publishing  or  cause  to  be  inserted  or  published  in  any 
newspaper  any  litliogi'aph,  half-tone  engraving  or  other  like- 
ness of  such  candidate  larger  than  one  and  one-half  inches 
in  width  by  two  inches  in  height  or  any  advertisement  in 
which  more  than  ten  per  centum  of  the  printed  matter  is 
printed  in  a  larger  type  than  the  regular  type  used  in  print- 
ing the  editorials  of  such  newspaper,  excepting  therefrom  the 
name  of  such  candidate  and  the  title  of  the  office  for  which 
he  is  a  candidate,  and  no  such  candidate  shall  pay  for,  or, 
directly  or  indirectly,  cause  any  advertisement  or  any  likeness 
(jf  himself  to  be  inserted  or  published  in  any  such  newspaper 
which  charges  or  demands  from  him  a  higher  rate  therefor 
than  the  highest  regular  rate  which  such  newspaper  charges 
other  persons  or '  firms  for  non-political  advertisements  for 
the  same  space,  position  and  number  of  insertions,  and  all 
candidates  shall  exercise  reasonable  diligence  to  a.scertain 
what  such  regular  advertising  rate  is  before  inserting  any 
such  advertisement,  and  if  he  shall  be  misinformed  as  to  such 
rate  he  shall  not  be  held  responsible  under  the  i)rovisions  of 
this  act  for  such  illegal  jniblication.  It  shall  be  unlawful  for 
any  person,  firm  or  corporation  or  employe  thereof,  solicit- 
ing or  receiving  any  such  advertisements  or  printed  matter 
for  any  such  newspaper  from  any  such  candidate,  to  misin- 
form any  such  candidate  as  to  such  advertising  rates. 

(706)  Sec.  51.  It  shall  be  unlawful  for  any  candidate 
for  nomination  under  the  provisions  of  this  act,  after  he  has 
announced  himself  as  a  candidate  for  any  office  included  in 
this  act,  or  after  he  has  filed  his  petition  to  have  his  name 
placed  upon  the  primarj-  ballot  as  herein  provided,  and  before 
the  close  of  the  polls  on  any  primai-j-  day,  in  any  store,  saloon, 
hotel,  hall  or  other  public  building,  public  street  or  place 
within  the  territoi"y  from  which  he  seeks  a  nomination,  di- 
rectly or  indirectly  to  buy  or  give  to,  or  cause  to  be  bought 


Treating 
unlawful. 


LAWS    RELATING    TO    ELECTIONS.  251 

for,  or  given  to,  any  elector  residing  therein  any  spirituous, 
malt,  brewed,  fermented  or  oilier  intoxicating  liquor  or  bever- 
age. It  shall  be  unlawful  for  any  person  for  or  on  behalf 
of  any  such  candidate,  or  to  help  or  injure  the  candidacy  of  • 

any  candidate,  in  any  of  the  {)laces  included  in  this  section, 
to  buy  for,  give  to,  or  cause  to  be  bought  for  or  given  to 
any  elector,  any  of  the  liquors  or  beverages  included  in  this 
section  for  the  i)urpose  of  influencing  the  vote  or  support 
of  such  elector  for  or  against  any  such  candidate,  or  when 
it  is  announced  or  made  known  in  any  way  to  any  such  elec- 
tor before  or  after  such  beverage  is  served  that  the  same  are 
given  or  served  for  the  purpose  of  assisting  or  injuring  the 
candidacy  of  any  candidate,  or  influencing  the  action  of  such 
elector  in  relation  thereto,  it  being  the  intent  of  this  section 
to  prohibit  the  prevailing  custom  of  treating  by  candidates 
for  nomination  for  public  ofHce  or  by  any  other  person  on 
behalf  of  such  candidates. 

(707)  Sec.  52.     Any  person  who  shall  do  or  perform  any  Misdemeanor. 
act  or  thing  which  is  by  this  act  made  unlawful  for  him  to 

do,  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  con-  penalty, 
viction  thereof  shall  be  punished  by  a  fine  not  to  exceed  five 
hundred    dollars    or    by    imprisonment    not    exceeding    six 
months,  or  both,  in  the  discretion  of  the  court. 

(708)  Sec.  53.     When  by  this  act  any  act  or  duty  is  re-  Penalty  for 
quired  to  be  done  or  performed  by  or  under  the  direction,  Sufy.'^'  "^ 
supervision  or  authority  of  any  officer,  and  such  act  or  duty 

shall  not  be  done  or  performed,  then  the  officer  who  shall 
neglect  to  perform  such  act  or  duty,  or  who  shall  be  respon- 
sible for  such  neglect,  shall  be  guilty  of  a  misdemeanor  and 
shall  be  jninished  as  provided  in  section  fifty-five  hereof. 

The  reference  to    "section    flfty-fiTe"    is    doubtless    intended    to    be    "section 
forty-five." 

(709)  Sec.  54.     No  prosecution  for  any  offense  mentioned  pmsimtion. 
in  this  act  shall  be  maintained  unless  it  shall  be  commenced 

within  six  months  after  the  date  of  the  primary  election  in 
connection  with  which  the  offense  is  alleged  to  have  been  com- 
mitted. Neither  the  complaining  witness,  nor  any  other  per- 
son who  may  be  called  to  testify  in  behalf  of  the  people  in 
any  such  proceeding,  shall  be  liable  to  criminal  prosecution 
under  this  act  for  any  offense  in  i'es[)ect  to  which  he  shall 
be  examined  or  to  which  his  testimony  shall  relate,  except  to 
prosecution  for  perjury  committed  in  such  testimony. 

(710)  Sec.  55.     It  shall  be  the  duty  of  the  county  clerk  of  Ciriain 
each  county  to  cause  to  be  printed   large  cards  or  posters  JiVVpiwIcd. 
containing  verbatim  the  whole  of  sections  thirty-four   and 
forty-six  of  this  act,  and  shall  furnish  two  of  the  same  to 

the  board  of  primary  election  inspectors  of  each  election 
precinct  in  his  county  at  the  siime  time  that  the  official 
ballots  for  use  at  primary  elections  are  delivered,  and  the 
board  of  primary  election  insjjectors  shall  cause  the  said 
posters  to  be  posted  in  conspicuous  places  in  the  polling  places 


252 


STATE  OF  MICHIGAN. 


SO  that  the  same  can  be  plainly  seen  and  read  by  all  per- 
Duty  of  clerk,  sons  at  any  primary  election.  It  shall  be  the  duty  of  the 
<'"'■  clerk  of  any  city,  township  or  village  in  which  this  act  is 

*  operative  to  deliver  to  the  board  of  primary  election  inspec- 

tors of  each  election  precinct  witliiu  his  jurisdiction,  before 
Ihe  time  for  opening  of  the  polls  on  primary  election  day, 
tlie  register  of  electors  and  the  l)lanks  for  poll  lists  and 
returns  and  any  other  supplies  necessary  to  carry  out  the 
provisions  of  this  act  not  herein  otherwise  provided  for. 

Am.    1913,    Act   118. 


Election  day, 
what  deemefl. 


Proviso. 


Acts  repealed. 


(711)  Sec.  5G.  The  day  on  which  any  primary  election 
sliall  be  held  pursuant  to  the  provisions  of  this  act,  shall  be 
deemed  to  be  an  election  day  in  any  city,  county  or  district 
where  such  primai'y  election  is  held  within  the  meaning  of 
section  seventeen  of  act  number  three  hundred  thirteen  of 
the  public  acts  of  eighteen  hundred  eighty-seven,  entitled  "An 
act  to  provide  for  the  taxation  and  regulation  of  the  business 
of  manufacturing,  selling,  keeping  for  sale,  furnishing,  giving 
or  delivering  spirituous  and  intoxicating  liquors,  and  malt, 
brewed  or  fermented  liquors,  and  vinous  liquors  in  this  state, 
and  to  repeal  all  acts  and  parts  of  acts  inconsistent  with  the 
provisions  of  this  act :"  Provided,  That  such  primary  elec- 
tion day  shall  not  be  deemed  an  election  day  or  a  holiday  for 
any  purpose  except  as  indicated  in  this  section. 

Am.    1911,   Act   279. 

(712)  Sec.  57.  Act  number  four  of  the  public  acts  of  the 
extra  session  of  nineteen  hundred  seven,  entitled  "An  act 
relative  to  the  nomination  of  party  candidates  for  public 
office  and  delegates  to  political  conventions,  to  regulate  pri- 
mary elections  and  to  prescribe  penalties  for  violations  of 
its  provisions,"  and  all  local  primary  election  acts  or  other 
acts  contravening  the  provisions  of  this  act  are  hereby  re- 
pealed. 

Am.    Id. 


An  Act  to  provide  for  the  organization  and  election  of  the  state  cen- 
tral committees  of  the  various  political  parties  within  this  state, 
and  to  prescribe  the  manner  of  selecting  the  members  thereof. 

[Act   395,   P.   A.    J91."?.] 


•State  central 
committee, 
members,  etc. 


How  selected. 


The  People  o/  tlie  State  of  Michigan  enact: 

(713)  Section  1.  Each  political  party  within  this  state 
shall  have  a  .state  central  committee,  consisting  of  two  mem- 
l>ers  from  each  congressional  district,  a  chaimian  and  a  sec- 
retary. 

(714)  Sec.  2.  The  members  of  the  state  central  commit- 
tee from  each  congressional  district  shall  be  selected  in  the 


LAWS   RELATING    TO   ELECTIONS.  253 

same  manner  as  is  noM"  provided  by  act  number  two  hundred 
seventy-nine  of  the  ]uihlic  acts  of  niueleen  hundred  eleven, 
for  the  noniinnlidii  of  jiarly  candidates  for  representatives 
in  coufiress. 

(715)  Six-.  I>.     Inmiediatel.v  afler  tlie  August  primary  pi-(i   caii  of 
vided   in  act  number  (wo  hundred  seventy-nine  of  the   ]>uli   "lectiiiB. 
lie  acts  of  nineteen  hundred  eleven,  the  then  chairman  of  the 
state  central  committee  of  each  party  shall  call  a  meeting 

of   the   members   chosen,   which   meeting  shall   be   held   not 
later  than  ten  days  from  the  date  of  the  said  August  primary 
election.     At  this  meeting  the  members  so  chosen  shall  pro-  chairmaa  and 
(ced  forthwith  to  elect  a  chairman  and  secretary,  and  shall,  ^^"''''^■'^y- 
before  adjournment,  issue  a  call  for  the  state  convention. 

(716)  Sec.   4.     The   members   of  the  state  central   com-  Terms  of 
mittee  elected  under  the  terms  of  this  act,  shall  hold  office  °  '^^' 
foi-  two  years  from  the  date  of  their  election. 

(717)  Sec.  5.     In  the  event  of  any  vacancy  in  such  state  vacancy,  bow 
central  committee,  the  members  thereof  shall  fill  such  vacancy     ^  ' 

by  electing  thereto  a  qualified  person  or  persons,  from  the 
congressional  district  in  which  such  vacancy  exists. 


An  Act  to  provide  for  the  expression  by  the  qualified  enrolled  voters 
of  the  several  political  parties  of  their  choice  for  the  nomination 
by  their  party  for  the  member  of  the  national  committee  of  the 
various  political  parties  of  this  state,  and  making  an  appropriation 
to  carry  out  the  provisions  of  the  same. 

[Act  302.    P.    A,    1013.] 

The  People  of  the  State  of  Michigan  enact: 

(718)  Section  1.     On  the   first  Monday  in   April,  nine-  Primary  for 
teen  hundred  sixteen,  and  on  the  flr.st  Monday  in  April  in  m'^tteemen. 
every   four  years  thereafter,  there  shall   be  held  a  primary 
nominating  election   in   every  voting  precinct  of  this  state, 

at  which  the  qualified  voters,  including  those  who  shall  be 
qualified  on  the  first  day  of  Api"il.  nineteen  hundred  sixteen, 
of  the  several  political  pai'ties,  shall  have  the  opportunity 
on  separate  ballots  provided  for  that  pui"pose  to  express  their 
prefei-ence  for  the  members  of  the  national  committee  of 
their  respective  parties. 

(719)  Sec.  2.     The  name  of  any  candidate  for  the  office  Petition,  who 
of  national   committeeman    shall   be  printed   on   the  official  '"  ^'^"'  '^"^' 
primary   ballot   solely   upon   the   petition   of  their   political 
supporters  in   Michigan,  which   petition  shall  be  signed  by 

not  les?  than  one  hundred  of  the  qualified  voters  of  such 
political  party,  and  said  petition  shall  be  filed  with  the  sec- 
retary of  state  on  or  before  twelve  o'clock  noon,  March  first, 
nineteen  hundred  sixteen,  and  on  or  before  twelve  o'clock 
noon  of  the  first  dav  of  ^larch  in  each  fourth  vear  thereafter. 


254 


STATE   OF  MICHIGAN. 


Canvass. 


Nomination 
petition, 
form  of. 


Notice  of 
election,  etc. 


Ballot, 
fonn  of. 


The  nominating  ballots  as  herein  provided  for  shall  be 
counted,  canvassed,  and  returned  in  the  same  manner  as  the 
names  and  petitions  of  tlie  aspirants  for  the  party  nomination 
for  the  oflflce  of  governor  are  now  required  to  be  marked,  filed, 
counted,  canvas.'^ed  and  returned. 

(720)  Sec,  3.  All  nominating  petitions  shall  be  in  the 
following  form : 

We,  the  undersigned  qualified  voters  of  the 

party,  of  tlie  city  (or  township)  in  the  county  of , 

state  of  Michigan,  hereby  nominate  , 

as  a  candidate  of  the   party  for  tie 

office  of  national  committeeman  to  be  voted  for  at  the  April 

primary  election  to  be  held  on  the day  of  April, 

,  and  we  further  declare  that  we  intend 

to  support    for  the  office  of  national 

committeeman. 

Name Eesidence  

Date  of  Signing 

(721)  Sec.  4.  The  secretary  of  state  shall,  immediately 
after  the  final  date  of  filing  petitions  herein  provided  for, 
forward  to  the  several  county  clerks  of  the  state  of  Michigan 
notice  tliat  a  primarv  election  will  be  held  in  all  the  voting 
precincts  in  this  state  on  the  first  Monday  in  April,  nineteen 
hundred  sixteen,  and  the  same  notice  in  each  fourth  year 
hereafter  as  herein  provided  for,  together  with  a  copy  of 
the  official  ballot  to  be  provided  for  at  such  election,  which 
shall  have  printed  thereon  the  names  of  all  candidates  for 
the  office  of  national  committeeman  as  ascertained  by  nomi- 
nating petitions  on  file  with  him;  said  names  to  be  alternated 
on  said  ballot  in  accordance  with  the  provisions  of  the  said 
primary  election  law. 

(722)  Sec.  5.     The  official  ballot  shall  be  as  follows : 


OFFICIAL  PRIMARY  ELECTION  BALLOT 

Party Apr 

To  vote  for  one  (1)  person  whose  name  appears  on  the 
ballot  mark  an  (x)  in  the  square  in  front  of  one  of  the  names 
of  the  persons  for  whom  yoii  wish  to  vote.  To  vote  for  a 
person  whose  name  is  not  on  the  ballot,  write  his  name  in  the 
blank  space  provided  for.     Vote  only  for  one   (1)   person. 

I         JOHN  JONES 

I         WILLIAAI  SMITH 

I         THOMAS  RYAN 


County  clerk, 
duty  of. 


The  color,  size  and  foi-m  of  ballot,  except  as  herein  pro- 
vided, to  be  the  same  as  required  by  the  state  primary  elec- 
tion law. 

(723)  Sec.  6.  It  shall  be  the  duty  of  each  county  clerk 
upon  the  receipt  of  the  list  of  candidates  and  notice  of  elec- 
tion  to  cause  the  required  number  of  election   ballots  for 


LAWS   RELATING    TO    ELECTIONS.  256 

every  voting  precinct  in  the  county  to  be  printed,  containing 
the  names  of  candidates  as  certified  to  by  the  secretary  of 
state.  The  ballots  shall  be  numbered  and  one  comer  per- 
forated in  the  same  manner  as  is  required  for  the  number- 
ing and  perforating  of  ballots  under  the  regular  state  pri- 
mary election ;  and  the  expense  of  printing  said  ballots  shall 
be  borne  by  the  state. 

(724)  Skc.  7.  There  is  hereby  approjiriated  out  of  any  Appropria- 
nioneys  in  the  genei-al  fund  of  the  state  treasury  not  otherwdse  """' 
appropriated,  a  sufficient  amount  to  pay  the  actual  expenses 
of  the  printing  of  the  ballots  as  herein  provided  for,  as  may  be 
incurred  by  the  several  county  clerks.  Each  county  clerk  ^^'jP^'jj^j® 
shall  forward  to  tlie  board  of  state  auditors  an  itemized  ac- 
count, showing  the  total  amount  of  the  expense  of  printing 
the  said  primary  ballots  as  provided  for  in  this  act,  in  his 
county,  and  when  the  same  is  audited  and  allowed  by  the 
board  of  state  auditors,  the  amount  thereof  shall  be  for- 
warded to  the  several  county  clerks  to  be  by  them  paid  to  the 
printers  of  said  ballots.  The  auditor  general  shall  add  to 
and  incorporate  in  the  state  tax  for  the  year  nineteen  hun- 
dred sixteen,  and  each  four  years  thereafter,  such  an  amount 
as  may  be  necessary  to  carry  out  the  provisions  of  this  sec- 
tion, which  amount,  when  collected,  shall  be  paid  in  to  the 
general  fund  of  the  state  treasury. 

(72.5)     Sec.  8.     The  candidate  receiving  the  highest  num-  ciioireof 
ber  of  votes  in  the  state  at  said  election  shall  be  declared  to 
be  the  candidate  and  the  choice  of  such  political  party  for 
the  office  of  national  committeeman. 

Sec.   9  repeals  aU  inconsistent  acts  or  parts  of  acts. 


APPENDIX. 

f  33 


APPENDIX. 


PROVISIONS    OF    THE    CONSTITUTION    OF    THE 

UNITED  STATES  APPLICABLE  TO  ELECTIONS 

IN  THE  STATES,  AND  LAWS  IN  RELATION 

TO  THE  NATURALIZATION  OF  ALIENS. 


CONSTITUTIONAL  PROVISIONS. 

ARTICLE   I. 

SECTION   I. 

1.     All    legislative  powers  herein  granted  shall  be  vested  Legislative 
in  a  congress  of  the  United  States,  which  shall  consist  of  a  ^'''^''"■ 
senate  and  honse  of  representatives. 

SECTION  II. 

1.  The  house  of  representatives  shall  be  composed  of  mem    House  of 
bers  chosen  every  second  jear  by  the  people  of  the  several  ffafve^and 
states,  and  the  electors  in  each  state  shall  have  the  nualiflca   iiiiaUficationa 

of  electors 

tions  requisite  for  electors  of  the  most  numerous  branch  of 
the  state  legislature. 

2.  No  pcr.son  shall  be  a  representative  who  shall  sot  have  ofrepre- 
attained  to  the  age  of  twenty-five  years,  and  been  seven  years  s<^'"»"^^- 
a   citizen   of  the   United   States,  and    who   shall   not,  when 
elected,  be  an  inhabitant  of  that  state  in  which  he  shall  be 
chosen. 

4.     When  vacancies  hapjK^n  in  the  representation  from  any  vacancies, 
state,  the  executive  authority  tliereof  shall  is.sue  writs  of  elec- 
tion to  fill  such  vacancies. 

SECTION  III. 

1.     The  senate  of  the  United  States  shall  be  composed  of  senate, 
two  senators  from  each  state,  chosen  by  the  legislature  there-  f^^/vote" 
of,  for  ax  years;  and  each  senator  shall  have  one  vote. 

3.  No  person  shall  be  a  .senator  who  shall  not  have  at-  Qualifications 
tained  to  the  age  of  thirty  years,  and  been  nine  years  a  citi-  »' senators, 
zen  of  the  Uiiitcd  States,  and  who  sliall  not,  when  elected,  be 

an  inhabitant  of  that  state  for  which  he  shall  be  chosen. 


260 


APPENDIX. 


Elections, 
how  regu- 
lated. 


SECTION  IV. 

1.  Tli(i  limes,  places  and  manuer  of  holding  elections  for 
senators  and  representatives,  shall  be  prescribed  in  each  state 
by  the  legislature  thereof;  but  the  congress  may  at  any  time 
by  law  make  or  alter  such  regulations,  except  as  to  the  places 
of  choosing  senators. 


ARTICLE  II. 


SECTION  I. 


Executive 
power. 


Electors  of 
president  and 
vice  president 


Time  of  choos- 
ing electors. 


Qualifications 
for  president. 


1.  The  executive  power  shall  be  vested  in  a  president  of 
the  United  States  of  America.  He  shall  hold  his  office  dur- 
ing the  term  of  four  yeai's,  and,  together  with  the  vice  presi- 
dent, chosen  for  the  same  term,  be  elected,  as  follows: 

2.  Each  slate  shall  appoint,  in  such  manner  as  the  legis- 
lature thereof  may  direct,  a  number  of  electors,  equal  to  the 
whole  number  of  senators  and  representatives  to  which  the 
state  may  be  entitled  in  the  congress:  but  no  senator  or  rep- 
resentative, or  person  holding  an  office  of  trust  or  profit  under 
the  United  States,  shall  be  appointed  an  elector. 

4.  The  congress  may  determine  the  time  of  choosing  the 
electors,  and  the  day  on  which  they  shall  give  their  votes; 
which  day  shall  be  the  same  throughout  the  United  States. 

5.  No  person  except  a  natural  born  citizen,  or  a  citizen 
of  the  United  States,  at  the  time  of  the  adoption  of  this  con- 
stitution, shall  be  eligible  to  the  office  of  president;  neither 
shall  any  person  be  eligible  to  that  office  who  shall  not  have 
attained  to  the  age  of  thirty-five  years,  and  been  fourteen 
Tears  a  resident  within  the  United  States. 


Amending 
constitution. 


ARTICLE  V. 

1.  Tlie  congress,  whenever  two-thirds  of  both  houses  shall 
deem  it  necessary,  shall  propose  amendments  to  this  consti- 
tution, or,  on  the  application  of  the  legislatures  of  two-thirds 
of  the  several  states,  shall  call  a  convention  for  proposing 
amendments,  which,  in  either  case,  shall  be  valid  to  all  in- 
tents and  purposes,  as  part  of  this  constitution,  when  ratified 
by  the  legislatures  of  three-fourths  of  the  several  states,  or 
by  conventions  in  three-fourths  thereof,  as  the  one  or  the 
other  mode  of  ratification  may  be  proposed  by  the  congress; 
Provided  That  no  amendment  which  may  be  made  prior  to 
the  vear  one  thousand  eight  hundred  and  eight  shall  in  any 
manner  affect  the  first  and  fourth  clauses  in  the  ninth  section 
of  the  first  article;  and  that  no  state,  without  its  consent, 
shall  be  deprived  of  its  equal  suffrage  in  the  senate. 


APPENDIX.  261 


ARTICLE  XIT. 

ritoroKEi)  AT  THE  piust  session  of  toe  eighth  congress. 

1.  The  t'lcctdis  slijill  iiKt'l    ill   their  respecl  ive  states,   and  i^ioiie  of  elect- 
\(i(e  by  ballot  for  ])resi<leiit  ami  vice  jiresideiit,  one  of  whom,  ami  ?ice"presi- 
al   least,  shall   not  be  an   inhabitant  of  the  same  state  with  '^'^jJiJed'sJates 
iheniselves;  they  shall  name  in  their  ballots  the  jterson  voted  — ciiocsing 
for  as  president,  and  in  distinct  ballots  the  person  voted  for  ^'^''''  ""  ' 

as  vice  president,  and  they  shall  make  distinct  lists  of  all 
persons  voted  for  as  president,  and  of  all  persons  voted  for 
as  vice  president,  and  of  the  nnmlier  of  votes  for  each,  which 
lists  they  shall  sign  and  certify,  and  transmit  sealed  to  the 
seat  of  the  government  of  the  I'nifed  States,  directed  to  the 
jiresident  of  the  senate;  the  president  of  the  senate  shall,  in 
presence  of  the  senate  and  house  of  representatives,  open 
all  the  certificates  and  the  votes  shall  then  be  conuted;  the 
person  having  the  greatest  number  of  votes  for  president,  shall 
be  the  president,  if  such  number  be  a  majority  of  the  whole 
number  of  electoi's  appointed;  and  if  no  person  have  saich 
,  majority,  then  from  the  persons  having  the  highest  numbers 
not  exceeding  three  on  the  list  of  those  voted  for  as  presi- 
dent, the  house  of  representatives  shall  choose  immediately, 
by  ballot,  the  president.  But  in  choosing  the  president,  the 
votes  shall  be  taken  by  states,  the  representation  Itoiii  each 
state  having  one  vote;  a  quorum  for  this  purpose  shall  con- 
sist of  a  member  or  members  from  two-thirds  of  the  states, 
and  a  majority  of  all  the  states  shall  be  necessary  to  a  choice. 
And  if  the  house  of  representati\es  shall  not  chdo.«e  a  presi- 
dent whenever  the  right  of  choice  shall  devolve  upon  them, 
before  the  fourth  day  of  March  next  following,  then  the  vice 
president  shall  act  as  president,  as  in  the  ca.se  of  the  death  or 
other  constitutional  disability  of  the  president. 

2.  The  person  having  the  greatest  numlier  of  votes  as  vice  vicepresi- 
])resident,  shall  be  the  vice  president,  if  such  number  be  a  ''^"'' 
majority  of  the  whole  numl^r  of  electors  appointed,  and  if 

no  person  have  a  majority,  then  from  the  two  highest  num- 
bers on  the  list,  the  senate  shall  choose  the  vice  president;  a 
quorum  for  the  purpose  shall  consist  of  two-thirds  of  the 
whole  number  of  senators,  and  a  majoi'ity  of  the  whole  num- 
l)er  shall  be  necessary  to  a  choice. 

3.  But  no  jierson  constitutionally  ineligible  to  the  oftice  of  Qualification, 
president  shall  be  eligible  to   that   of  vice  president   of  the 

United  States. 


262 


APPENDIX. 


ARTICLE  XIV, 


Who  are 
<'iti7ens. 


Immuniliefl 
of  citizens. 


Apportion- 
ment of  rep- 
resentatives. 


Basis  of  rep- 
resentation. 


Conditional 
protiil>ition 
to  hold  cer- 
tain oBices. 


PROPOSED    AT    THE    FIRST    SESSION    OF    THE    THIRTY-NINTH 
CONGRESS. 

1.  All  persons  born  or  natnralized  in  the  United  States, 
and  snbject  to  the  jurisdiction  thereof,  are  citizens  of  the 
United  States  and  of  the  state  wherein  they  reside.  No  state 
shall  make  or  enforce  any  law  which  shall  abridge  the  privi- 
leges or  immunities  of  citizens  of  the  United  States;  nor  shall 
any  state  deprive  any  person  of  life,  liberty,  or  property, 
without  due  process  of  law;  nor  deny  to  any  person  within 
its  jurisdiction  the  equal  protection  of  the  laws. 

2.  Representatives  shall  be  apportioned  among  the  several 
states  according  to  their  respective  number's,  counting  the 
whole  number  of  persons  in  each  state,  excluding  Indians 
not  taxed.  But  when  the  right  to  vote  at  any  election  for 
the  choice  of  electors  for  president  and  vice  president  of  the 
United  States,  representatives  in  congress,  the  executive  and 
judicial  officers  of  a  state,  or  the  members  of  the  legislature 
thereof,  is  denied  to  any  of  the  male  inhabitants  of  such  state, 
being  twenty-one  years  of  age.  and  citizens  of  the  United 
States,  or  in  anj'  way  abridged,  except  for  participation  in 
rebellion,  or  other  crime,  the  basis  of  representation  therein 
shall  be  reduced  in  the  proportion  which  the  number  of  such 
male  citizens  shall  bear  to  the  whole  number  of  male  citizens 
twenty-one  years  of  age  in  such  state. 

3.  No  person  shall  be  a  senator  or  representative  in  con- 
gress, or  elector  of  president  and  vice  president,  or  hold  any 
office,  civil  or  military,  under  the  United  States,  or  under  any 
state,  who,  having  previously  taken  an  oath,  as  a  member  of 
congress,  or  as  an  officer  of  the  United  States,  or  as  a  mem- 
ber of  any  state  legislature,  or  as  an  executive  or  judicial 
officer  of  any  state,  to  support  the  constitution  of  the  United 
States,  shall  have  engaged  in  insurrection  or  rebellion 
against  the  same,  or  given  aid  or  comfort  to  the  enemies 
thereof.  But  congress  may  by  a  vote  of  two-thirds  of  each 
house,  remove  such  disability. 


ARTICLE  XV. 


Right  of 
suiTraKe. 


Power  of 
congress. 


PROPOSED  AT  THE  FIRST   SESSION  OF  THE   FORTY-FIRST   CONGRESS. 

1.  The  right  of  citizens  of  the  United  States  to  vote  shall 
not  be  de»ied  or  abridged  by  tlie  United  States  or  by  any 
state  on  account  of  race,  color,  or  previous  condition  of  servi- 
tude. 

2.  The  congress  shall  have  power  to  enforce  this  article 
by  appropriate  legislalion. 


APPENDIX.  263 


NATURALIZATION  OF  ALIENS 

An  Act  to  establish  a  bureau  of  immigration  and  naturalization,  and  to  provide 
for  a  uniform  rule  for  the  naturalization  of  aliens  throughout  the  United  States. 

I  Extract   from   Act   of   Congress,   approved   June   29,   190G,] 

Seo.  ;1.  That  exclusive  jurisdiction  to  naturalize  aliens  as  citizens 
of  the  United  States  is  hereby  conferred  upon  the  following  specified 
courts : 

United  States  circuit  and  district  courts  now  existing,  or  which 
may  hereafter  be  established  by  congress  in  any  state,  United  States 
district  courts  for  the  territories  of  Arizona,  New  Jlexico,  Oklahoma, 
Hawaii,  and  Alaska,  the  supreme  court  of  the  District  of  Columbia,  and 
the  United  States  courts  for  the  Indian  Territory;  also  all  courts  of 
record  in  any  state  or  territory  now  existing,  or  which  may  hereafter  be 
created,  having  a  seal,  a  clerk,  and  jurisdiction  in  actions  at  law  or 
equitv,  or  law  and  equitv,  in  which  the  amount  in  controversy  is  unlim- 
ited. " 

That  the  naturalization  jurisdiction  of  all  courts  herein  specified, 
state,  territorial,  and  federal,  shall  extend  only  to  aliens  resident  within 
the  respective  judicial  districts  of  such  courts. 

The  courts  herein  specified  shall,  upon  the  requisition  of  the  clerks  of 
such  courts,  be  furnished  from  time  to  time  by  the  Bureau  of  Immigra- 
tion and  Naturalization  with  such  blank  forms  as  may  be  required  in 
the  naturalization  of  aliens,  and  all  certificates  of  naturalization  shall 
be  consecutively  numbered  and  ])rinted  on  safety  paper  furnislied  by 
said  Bureau. 

Sec.  4.  That  an  alien  may  be  admitted  to  become  a  citizen  of  the 
United  States  in  the  following  manner  and  not  otherwise: 

First.  He  shall  declare  on  oath  before  the  clerk  of  any  court  author- 
ized by  this  act  to  naturalize  aliens,  or  his  authorized  deputy,  in  the 
district  in  which  such  alien  resides,  two  years  at  least  prior  to  his  ad- 
mission, and  after  he  has  reached  the  age  of  eighteen  years,  that  it  is 
bona  fide  his  intention  to  become  a  citizen  of  the  United  States,  and  to 
renounce  forever  all  allegiance  and  fidelity  to  any  foreign  prince,  poten- 
tate, state,  or  sovereignty,  and  particularly,  by  name,  to  the  prince, 
potentate,  state,  or  sovereignty  of  which  the  alien  may  be  at  the  time  a 
citizen  or  subject.  And  such  declaration  shall  set  forth  the  name,  age. 
occupation,  personal  description,  place  of  birth,  last  foreign  residence 
and  allegiance,  the  date  of  arrival,  the  name  of  the  vessel,  if  any,  in 
which  he  came  to  the  United  States,  and  I  he  present  place  of  residence 
in  the  United  States  of  sai<l  alien:  Provided,  however.  That  no  alien 
who,  in  conformity  with  the  law  in  force  at  the  date  of  his  declaration, 
has  declared  his  intention  to  become  a  citizen  of  the  United  States 
shall  be  required  to  renew  such  declaration:  Provided  further.  That 
any  person  belonging  to  the  class  of  p<M'sons  authorized  and  (jualified 
under  existing  law  to  become  a  citizen  of  the  United  States  who  has 
resided  constantly  in  the  United  States  during  a  period  of  five  years 
next  preceding  May  first,  nineteen  hundred  and  ten,  who,  l)ecause  of 
misinformation  in  regard  to  his  citizenship  or  the  rc(]uirements  of  the 
law  governing  the  naturalization  of  citizens  has  labored  and  acted  under 


264  APPENDIX. 


the  impression  that  he  was  or  could  become  a  citizen  of  the  United 
States  and  has  in  good  faith  exercised  the  rights  or  duties  of  a  citizen 
or  intended  citizen  of  tlie  United  States  because  of  sudi  wrongful  in- 
formation and  belief  may,  upon  making  a  shoAving  of  such  facts  satis- 
factory to  a  court  having  jurisdiction  1o  issue  papers  of  naturalization 
lo  an  alien,  and  the  court  in  its  judgment  believes  that  such  person  has 
been  for  a  period  of  more  than  five  years  entitled  iipon  proper  ])ro- 
ceedings  to  be  naturalized  as  a  citizen  of  the  United  States,  receive 
from  the  said  court  a  final  certificate  of  naturalization,  and  said  court 
may  issue  such  certificate  without  requiring  proof  of  former  declaration 
by  or  on  the  part  of  such  person  of  their  intention  to  become  a  citizen 
of  the  United  States,  but  such  applicant  for  naturalization  shall  com- 
ply in  all  other  respects  with  the  law  relative  to  the  issuance  of  final 
papers  of  naturalization  to  aliens. 

Last  proviso  added  by  Act  ot  June  25,  1910. 

Second.  Not  less  than  two  years  nor  more  than  seven  years  after  he 
has  made  such  declaration  of  intention  he  shall  make  and  file,  in  dupli- 
cate, a  petition  in  writing,  signed  by  the  applicant  in  his  own  hand- 
writing and  duly  verified,  in  which  petition  such  applicant  shall  state 
his  full  name,  his  jdace  of  residence  (by  sircet  and  number,  if  pos- 
sible), his  occupation,  and,  if  possible,  the  date  and  place  of  his  birth; 
the  place  from  which  he  emigTated,  and  the  date  and  place  of  his  arrival 
in  the  United  States,  and,  if  he  entered  through  a  port,  the  name  of  the 
vessel  on  which  he  arrived;  the  time  when  and  the  place  and  name  of 
the  court  where  he  declared  his  intention  to  become  a  citizen  of  the 
United  States;  if  he  is  married  he  shall  state  the  name  of  his  wife  and, 
if  possible,  the  counti-y  of  her  nativity  and  her  place  of  residence  at 
the  time  of  filing  his  petition;  and  if  he  has  children,  the  name,  date, 
and  place  of  birth  and  place  of  residence  of  eacli  child  living  at  the 
time  of  the  filing  of  his  petition  :  I'rovided,  That  if  he  has  filed  his 
declaration  before  the  passage  of  this  act  he  shall  not  be  required  to 
sign  the  petition  in  liis  own  handwriting. 

The  i)etition  shall  set  forth  tiiat  he  is  not  a  disbeliever  in  or  opposed 
to  organized  government,  or  a  member  of  or  affiliated  with  any  organiza- 
tion or  body  of  persons  teaching  disbelief  in  or  opposed  to  organized 
government,  a  polygamist  or  believer  in  the  practice  of  polygamy,  and 
that  it  is  his  intention  to  become  a  citizen  of  the  United  States  and 
to  renounce  absolutely  and  forever  all  allegiance  and  fidelity  to  any 
foreign  prince,  potentate,  state,  or  sovereignty,  and  jiarticularly  by  name 
to  the  prince,  potentate,  state,  or  sovereignty  of  which  he  at  the  time 
of  filing  of  his  petition  may  be  a  citizen  or  subject,  and  that  it  is  his 
intention  to  reside  permanently  within  the  United  States,  and  whether 
or  not  he  has  been  denied  admission  as  a  citizen  of  the  United  States, 
and,  if  denied,  the  ground  or  grounds  of  .such  denial,  the  court  or 
courts  in  which  such  decision  was  rendered,  and  that  the  cause  for  such 
denial  has  since  been  cured  or  removed,  and  every  fact  material  to 
his  naturalization  and. required  to  be  proved  upon  the  final  hearing  of 
his  application. 

The  petition  shall  also  be  verified  by  the  affidavits  of  at  least  two 
credible  witnesses,  who  are  citizens  of  the  United  States,  and  who  shall 
state  in  their  affidavits  that  they  have  personally  known  the  applicant 
to  be  a  resident  of  the  United  States  for  a  period  of  at  least  five  years 
continuously,  and  of  ihe  state,  territory,  or  district  in  which  the  appli- 


APPENDIX.  265 


cation  is  made  for  a  period  of  at  least  one  year  immediately  prec-edin}; 
the  date  of  the  filing  of  his  petition,  and  tliat  they  each  have  personal 
knowledge  that  the  petitioner  is  a  person  of  good  moral  character,  and 
that  he  is  in  every  way  qnalifled.  in  Iheir  opinion,  to  be  admitted  as  a 
citizen  of  the  United  States. 

At  the  time  of  filing  his  petition  liiete  shall  be  filed  with  the  clerk 
of  the  conrt  a  certificate  from  the  l)e[)artnienl  of  Commerce  and  Labor, 
if  the  jietitioncr  arrives  in  the  United  States  after  the  passage  of  this 
act,  stating  the  date,  place,  and  manner  of  his  arrival  in  tlie  United 
States,  and  the  declaration  of  intention  of  such  petitioner,  which  cer- 
tificate and  declaration  shall  be  attached  to  and  made  a  part  of  said 
petition. 

Third.  He  shall,  before  he  is  admitted  to  citizenship,  declare  on  oath 
in  open  court  that  he  will  support  the  constitution  of  the  United  States, 
and  that  he  absolutely  and  entirely  renounces  and  adjures  all  allegiance 
and  fidelity  to  any  foreign  prince,  potentate,  state,  or  sovereignty,  and 
particularly  by  name  to  the  prince,  potentate,  state,  or  sovereignty  of 
which  he  was  before  a  citizen  or  subject ;  that  he  will  support  and  defend 
the  constitution  and  laws  of  the  United  States  against  all  enemies, 
foreign  and  domestic,  and  bear  true  faith  and  allegiance  to  the  same. 

Fourth.  It  shall  be  made  to  appear  to  the  satisfaction  of  the  court  ad- 
mitting any  alien  to  citizenshif)  that  immediately  preceding  the  date 
of  his  application  he  has  resided  continuously  within  the  United  States 
five  years  at  least,  and  within  the  state  or  territory  where  such  conrt 
is  at  the  time  held  one  year  at  least,  and  that  during  that  time  he  has 
behaved  as  a  man  of  good  moral  character,  attached  to  the  principles 
of  the  con.stitution  of  the  United  States,  and  well  disposed  to  the  good 
order  and  happiness  of  the  same.  In  addition  to  the  oath  of  the  appli- 
cant, the  testimony  of  at  least  two  witnesses,  citizens  of  the  United 
States,  as  to  the  facts  of  residence,  moral  character,  and  attachment  to 
the  principles  of  the  constitution  shall  be  required,  and  the  name,  place 
of  residence,  and  occupation  of  each  witness  shall  be  set  forth  in  the 
record. 

Fifth.  In  case  the  alien  apidying  to  be  admitted  to  citizenship  has 
borne  any  hereditary  title,  or  has  been  of  any  of  the  orders  of  nobility 
in  the  kingdom  or  state  from  which  he  came,  he  shall,  in  addition  to 
the  above  requisites,  make  an  express  renunciation  of  his  title  or  order 
of  nobility  in  the  court  to  which  his  apjilicalion  is  made,  and  his  renun- 
ciation shall  be  recorded  in  the  court. 

Sixth.  When  any  alien  who  has  declared  his  intention  to  become  a 
citizen  of  the  United  States  dies  before  he  is  actually  naturalized  the 
widow  and  minor  children  of  such  alien  may,  by  complying  with  the 
other  i>rovisions  of  this  act,  be  natui'alized  witiiout  making  any  declara- 
tion of  intention. 

Sec.  5.  That  the  clerk  of  the  court  shall,  immediately  after  filing 
the  petition,  give  notice  thereof  by  posting  in  a  public  and  conspicuous 
l)laco  in  his  office,  or  in  the  building  in  which  his  office  is  situated, 
under  an  appropriate  heading,  the  name,  nativity,  and  residence  of  the 
alien,  the  date  and  jilace  of  his  arrival  in  the  United  States,  and  the 
date,  as  nearly  as  may  be,  for  the  final  hearing  of  his  petition,  and  the 
names  of  the  witnesses  whom  the  ajtplicant  expects  to  summon  in  his 
bi'half;  and  the  clerk  shall,  if  the  apidicant  requests  it,  issue  a  suIqiaMia 


266  APPENDIX. 


for  the  witnesses  so  named  by  the  said  applicant  to  appear  upon  the 
day  set  for  the  final  hcarina;.  but  in  ease  such  witnesses  can  not  be  pro- 
duced upon  the  final  hearing  other  witnesses  may  be  summoned. 

Sec.  6.  That  petitions  for  naturalization  may  be  made  and  filed  dur- 
ing term  time  or  vacation  of  the  court  and  shall  be  docketed  the  same 
day  as  filed,  but  final  action  thereon  shall  be  had  only  on  stated  days,  to 
be  fixed  by  rule  of  the  court,  and  in  no  case  shall  final  action  be  had 
upon  a  petition  until  at  least  ninety  days  have  elapsed  after  filing  and 
posting  the  notice  of  such  petition :  Provided,  That  no  person  shall  be 
naturalized  nor  shall  any  certificate  of  naturalization  be  issued  by  any 
court  within  thirty  days  preceding  the  holding  of  any  general  election 
within  its  territorial  jurisdiction.  It  shall  be  lawful,  at  the  time  and 
as  a  part  of  the  naturalization  of  any  alien,  for  the  court,  in  its  dis- 
cretion, upon  the  petition  of  such  alien,  to  make  a  decree  changing  the 
name  of  said  alien,  and  his  certificate  of  naturalization  shall  be  issued 
to  him  in  accordance  therewith. 

Sec.  7.  That  no  person  who  disbelieves  in  or  who  is  opposed  to 
organized  government,  or  who  is  a  member  of  or  affiliated  with  any 
organization  entertaining  and  teaching  such  disbelief  in  or  opposition 
to  organized  government,  or  who  advocates  or  teaches  the  duty,  neces- 
sity, or  propriety  of  the  unlawful  assaulting  or  killing  of  any  officer  or 
officers,  either  of  specific  individuals  or  of  officers  generally,  of  the  gov- 
ernment of  the  United  States,  or  of  any  otlier  organized  government, 
because  of  his  or  their  official  charactei',  or  who  is  a  polygamist,  shall 
be  naturalized  or  be  made  a  citizen  of  the  United  States. 

Sec.  8.  That  no  alien  shall  hereafter  be  naturalized  or  admitted  as 
a  citizen  of  the  United  Stales  who  can  not  speak  the  English  language: 
Provided,  That  this  requirement  shall  not  apply  to  aliens  who  are  phys- 
ically unable  to  comply  therewith,  if  they  are  otherwise  qualified  to 
become  citizens  of  the  United  States :  And  provided  further.  That  the 
requirements  of  this  section  shall  not  apply  to  any  alien  who  has  prior 
to  the  passage  of  this  act  declared  his  intention  to  become  a  citizen  of 
the  United  States  in  conformity  with  the  law  in  force  at  the  date  of 
making  such  declaration :  Provided  further.  That  the  requirements  of 
section  eight  shall  not  apply  to  aliens  who  shall  hereafter  declare  their 
intention  to  become  citizens  and  who  shall  make  homestead  entries  upon 
the  public  lands  of  the  United  States  and  comply  in  all  respects  with 
the  laws  providing  for  homestead  entries  on  such  lands. 

Sec.  9.  That  every  final  hearing  upon  such  petition  shall  be  had  in 
open  court  before  a  judge  or  judges  thereof,  and  every  final  order  which 
may  be  made  upon  such  petition  shall  be  under  the  hand  of  the  court 
and  entered  in  full  upon  a  record  kept  for  that  purpose,  and  upon  such 
final  hearing  of  such  petition  the  applicant  and  witnesses  shall  be  exam- 
ined under  oath  before  tiie  court  and  in  the  presence  of  the  court. 

Sec.  10.  That  in  case  the  petitioner  has  not  resided  in  the  state,  ter- 
ritory, or  district  for  a  period  of  five  years  continuously  and  immedi- 
ately preceding  the  filing  of  his  petition  he  may  establish  by  two  wit- 
nesses, both  in  his  petition  and  at  the  hearing,  the  time  of  his  residence 
within  the  state,  provided  that  it  has  been  for  more  than  one  year,  and 
the  remaining  portion  of  his  five  years'  residence  within  the  United 
States  required  by  law  to  be  established  may  be  proved  by  the  dejiosi- 
tions  of  two  or  more  witnesses  who  are  citizens  of  the  United  States. 


APPENDIX.  267 


upon  notice  to  the  BnT-cau  of  Tiimiigi'nlion  and  Naturalization  and  the 
United  States  attorney  for  the  (iisd'iot  in  \\liicli  said  witnesses  may 
reside. 

Sec.  11.  That  the  United  Slates  shall  have  the  right  to  ap])ear  before 
any  court  or  courts  exercisinc;  jurisdiction  in  naturalization  })roceedings 
for  the  purpose  of  cross-examining  the  petitioner  and  the  witnesses  pro- 
duced in  support  of  his  ])etition  concerning  any  matter  touching  or  in 
any  way  affecting  his  right  to  admission  to  citizenship,  and  shall  have 
the  right  to  call  witnesses,  produce  evidence,  and  be  heard  in  opposition 
to  the  granting  of  any  petition  m  naturalization  proceedings. 

Sec.  12.  That  it  is  hereby  made  the  duty  of  the  clerk  of  each  and 
every  court  exercising  jurisdiction  in  naturalization  matters  Trader  the 
provisions  of  this  act  to  keep  and  tile  a  duplicate  of  each  declaration 
of  intention  made  before  him  and  to  send  to  the  Bureau  of  Immigration 
and  Naturalization  at  Washington,  within  thirty  days  after  the  issuance 
of  a  certificate  of  citizenship,  a  du])llcate  of  s\ich  certificate,  and  to  make 
and  kee])  on  file  in  his  oflice  a  stub  for  each  certificate  so  issued  by  him, 
whereon  shall  be  entered  a  memorandum  of  all  the  essential  facts  set 
forth  in  such  certificate.  Tt  shall  also  be  the  duty  of  the  clerk  of  each 
of  said  court.s  to  report  to  the  said  Bureau,  within  thirty  days  after  the 
final  hearing  and  decision  of  the  court,  the  name  of  each  and  every  alien 
who  shall  be  denied  naturalization,  and  to  furnish  to  said  Bureau 
duplicates  of  all  petitions  within  thirty  days  after  the  filing  of  the  same, 
and  certified  copies  of  such  other  proceedings  and  orders  instituted  in 
or  issued  out  of  said  court  affecting  or  relating  to  the  naturalization  of 
aliens  as  may  be  required  from  time  to  time  by  the  said  Bureau. 

In  ca.se  any  such  clerk  or  officer  acling  under  his  direction  shall 
refuse  or  neglect  to  comply  with  any  of  the  foregoing  provisions  he  shall 
forfeit  and  pay  to  the  T'nited  States  the  sum  of  twenty-five  dollars  in 
each  and  every  case  in  which  such  violation  or  omission  occurs,  and  the 
amount  of  such  forfeiture  may  be  recovered  by  the  United  States  in  an 
action  of  debt  against  such  clerk. 

Clerks  of  courts  having  and  exercising  jurisdiction  in  naturalization 
matters  shall  be  resjumsible  for  all  blank  certificates  of  citizenship 
received  by  them  from  tJme  to  time  from  the  Bureau  of  Immigration 
and  Naturalization,  and  shall  account  for  the  same  to  the  said  Bureau 
whenever  required  so  to  do  by  such  bureau.  No  certificate  of  citizen- 
ship received  by  any  such  clerk  which  may  be  defaced  or  injured  in 
such  manner  as  to  prevent  its  use  as  herein  provided  shall  in  any  case 
be  destroyed,  but  such  certificate  shall  be  returned  to  the  said  Bureau; 
and  in  ca.se  any  such  clerk  shall  fail  to  return  or  pro])erly  accomit  for 
any  certificate  furnished  by  the  said  bureau,  as  herein  provided,  he  shall 
be  liable  to  the  United  States  in  the  .sum  of  fifty  dollars,  to  be  re- 
covered in  an  action  of  del)t,  for  each  and  every  certificate  not  properly 
accounted  for  or  returned. 

Sec.  1.3.  That  the  clerk  of  (>ach  and  every  court  exei-cising  jurisdiction 
in  naturalization  cases  shall  charge,  collect,  nud  account  for  the  follow- 
ing fees  in  each  i)roceeding: 

For  receiving  and  filing  a  declaration  of  intention  and  issuing  a  dupli- 
cate thereof,  one  dollar. 

For  making,  filing,  and  docketing  the  petition  of  an  alien  for  admis- 
sion as  a  citizen  of  the  United  States  and  for  the  final  hearing  thereon, 


268  APPENDIX. 


two  dollars;  and  for  entering-  the  final  order  and  the  issuance  of  the 
certificate  of  citizenship  thereunder,  if  granted,  two  dollars. 

The  clerk  of  any  court  collecting  such  fees  is  hereby  authorized  to 
retain  one  half  of  the  fees  collected  by  him  in  such  naturalization  pro- 
ceeding; the  remaining  one-half  of  the  naturalization  fees  in  each  case 
collected  by  such  clei-ks,  respectively,  shall  be  accounted  for  in  their 
quarterly  accounts,  which  they  are  hereby  required  to  render  the  bureau 
of  immigration  and  naturalization,  and  paid  over  to  such  bureau  within 
thirty  days  from  the  close  of  each  quarter  in  each  and  every  fiscal 
year,  and  the  moneys  so  received  shall  be  paid  over  to  the  disbursing 
clerk  of  the  department  of  commerce  and  labor,  who  shall  thereupon 
deposit  them  in  the  treasury  of  the  Unites  States,  rendering  an  account 
therefor  quarterly  to  the  auditor  for  the  state  and  other  departments, 
and  the  said  disbursing  clerk  shall  be  held  responsible  under  his  bond 
for  said  fees  so  received. 

In  addition  to  the  fees  herein  required,  the  petitioner  shall,  upon  the 
filing  of  his  petition  to  become  a  citizen  of  the  United  States,  deposit 
with  and  pay  to  tlie  clerk  of  the  court  a  sum  of  money  sufificient  to 
cover  the  exjienses  of  subpoenaing  and  paying  the  legal  fees  of  any 
witnesses  for  -whom  he  may  request  a  subpoena,  and  upon  the  final  dis- 
charge of  such  witnesses  they  shall  receive,  if  they  demand  the  same 
from  the  clerk,  the  customary  and  usual  witness  fees  from  the  moneys 
which  the  petitioner  shall  have  paid  to  .such  clerk  for  such  purpose, 
and  the  residue,  if  any,  shall  be  returned  by  the  clerk  to  the  petitioner: 
Provided,  That  the  clerks  of  courts  exercising  jurisdiction  in  naturaliza- 
tion proceedings  shall  be  permitted  to  retain  one  half  of  the  fees  in  any 
fiscal  year  up  to  the  sum  of  three  thousand  dollars,  and  that  all  fees 
received  by  such  clerks  in  naturalization  pi-oceedings  in  excess  of  such 
amount  shall  be  accounted  for  and  paid  over  to  said  bureau  as  in  case 
of  other  fees  to  which  the  United  States  may  be  entitled  imder  the  pro- 
visions of  this  act.  The  clerks  of  the  various  courts  exercising  juris- 
diction in  naturalization  proceedings  shall  pay  all  additional  clerical 
force  that  may  be  required  in  performing  the  duties  imposed  by  this  act 
upon  the  clerks  of  courts  from  fees  received  by  such  clerks  in  naturaliza- 
tion proceedings.  And  in  case  the  clerk  of  any  court  exercising  naturali- 
zation jurisdiction  collects  fees  in  excess  of  the  sum  of  six  thousand 
dollars  in  any  fiscal  year  the  secretary  of  commerce  and  labor  may 
allow  salaries,  for  naturalization  purposes  only,  to  ])ay  for  clerical 
assistance,  to  be  selected  and  employed  by  that  clerk,  additional  to 
the  clerical  force,  for  which  cleiks  of  courts  are  required  by  this  sec- 
tion to  pay  from  fees  received  by  such  clerks  in  naturalization  jiroceed- 
ings,  if  in  the  opinion  of  said  scci'etary  the  naturalization  business  of 
such  clerk  warrants  further  additional  assistance:  Provided,  That  in 
no  event  shall  the  whole  amount  allowed  the  clerk  of  a  court  and  his 
assistants  exceed  the  one-half  of  the  gi'o.'ss  receipts  of  the  office  of  said 
clerk  from  naturalization  fees  during  such  fiscal  year:  Provided  further, 
That  when,  at  the  close  of  any  fiscal  year,  tlie  business  of  such  clerk  of 
court  indicates  in  the  opinion  of  the  secretary  of  commerce  and  labor 
that  the  natiiralization  fees  for  the  succeeding  fiscal  year  will  exceed 
six  thousand  dollars  the  secretary  of  commerce  and  labor  may  authorize 
the  continuance  of  the  allowance  of  salaries  for  the  additional  clerical 
assistance  herein  provided  for  and  employed  on  the  last  day  of  the  fiscal 


APPENDIX.  269 


year  until  such  time  as  tlie  remittances  indicate  iu  the  oi)ini()n  of  said 
secretary  that  the  fees  for  the  then  current  fiscal  year  will  not  he  sulli- 
cient  to  allow  tlie  additional  clerical  assistance  authorized  by  this  act. 

That  payment  for  the  additional  clerical  assistance  herein  authoi'izcd 
shall  be  in  the  manner  and  under  such  rcn;nlations  as  the  secretary  of 
commerce  and  labor  may  prescribe. 

Am.   Act   ot   .Tune   25,    1910. 

Sicc.  14.  That  the  declarations  of  intention  and  the  petitions  for 
naturalization  shall  be  hound  in  chronolojiical  order  in  separate  volnme.s, 
indexed,  consecutively  numbered,  and  made  jiart  of  the  records  of  the 
court.  Each  certificate  of  naturalization  issued  shall  bear  upon  its 
face,  in  a  place  prepared  therefor,  the  volume  numbei-  and  page  number 
of  the  petition  whereon  such  certificate  was  issued,  and  the  volume 
number  and  page  number  of  the  stub  of  such  certificate. 

Sec.  15.  That  it  shall  be  the  duly  of  the  United  States  district  attor- 
neys for  the  respective  districts,  upon  aflidavit  showing  good  cause 
therefor,  to  institute  proceedings  in  any  court  having  jurisdiction  to 
naturalize  aliens  in  the  judicial  district  iu  which  the  naturalized  citi- 
zen may  reside  at  the  time  of  bringing  the  stiit,  for  the  pur])ose  of 
setting  aside  and  canceling  the  certificate  of  citizenshii)  on  the  ground 
of  fraud  or  on  the  ground  that  such  certificate  of  citizenship  was  il- 
legally procured.  In  any  such  proceedings  the  party  holding  the  certifi- 
cate of  citizenship  alleged  to  have  been  fraudulently  or  illegally  pro- 
cured shall  have  sixty  days  personal  notice  in  which  to  make  answer 
to  the  petition  of  the  United  States;  and  if  the  holder  of  such  certificate 
be  absent  from  the  United  States  or  from  the  district  iu  which  he  last 
had  his  residence,  such  notice  shall  be  given  by  publication  in  the  man- 
ner provided  for  the  service  of  summons  by  publication  or  upon  ab- 
sentees by  the  laws  of  the  state  or  the  place  where  such  suit  is  brought. 

If  any  alien  who  shall  have  secured  a  certificate  of  citizenship  under 
the  provisions  of  this  act  shall,  within  five  years  after  the  issuance  of 
such  certificate,  return  to  the  country  of  his  nativity,  or  go  to  any  other 
foreign  country,  and  take  permanent  i-esidence  therein,  it  shall  be  con- 
sidered prima  facie  evidence  of  a  lack  of  intention  on  the  part  of  sucli 
alien  to  become  a  permanent  citizen  of  the  United  States  at  the  time 
of  filing  his  application  for  citizenship,  and,  in  the  absence  of  coimter- 
vailing  evidence,  it  shall  be  sufficient  in  the  projier  proceeding  to  author- 
ize the  cancellation  of  liis  certificate  of  citiztinship  as  fraudulent,  and  the 
diplomatic  and  consular  officers  of  the  United  States  in  foreign  countries 
shall  from  time  to  time,  through  the  department  of  state,  furnish  the 
department  of  justice  with  the  names  of  tliose  within  their  respective 
jurisdictions  who  have  such  certificates  of  citizenship  and  who  have 
taken  permanent  residence  in  the  country  of  their  nativity,  or  in  any 
other  foreign  country,  and  such  statements,  duly  certified,  shall  be 
admissible  in  evidence  in  all  courts  in  proceedings  to  cancel  certificates 
of  citizenship. 

Whenever  any  certificate  of  citizenship  shall  lie  set  aside  oi-  canceled, 
as  herein  provided,  the  court  in  which  such  judgment  or  decree  is 
rendered  shall  make  an  order  canceling  such  certificate  of  citizenship 
and  shall  send  a  certified  copy  of  such  order  to  the  bureau  of  immigra- 
tion and  naturalization;   and   in  case  such  certificate  was  not  origi- 


270  APPENDIX. 


nally  issued  by  the  court  making-  sucli  order  it  shall  direct  the  clerk  of 
the  court  to  transmit  a  copy  of  such  order  and  judgment  to  the  court 
out  of  which  such  certificate  of  citizenship  shall  have  been  originally 
issued.  And  it  shall  thereupon  be  the  duty  of  the  clerk  of  the  court 
receiving  such  certified  copy  of  the  order  and  judgment  of  the  court  to 
enter  the  same  of  record  and  to  cancel  such  original  certificate  of  citi- 
zenship upon  the  records  and  to  notify  the  bureau  of  immigration  and 
naturalization  of  such  cancellation. 

The  provisions  of  this  section  shall  apply  not  only  to  certificates  of 
citizenship  issued  under  the  provisions  of  this  act,  but  to  all  certificates 
of  citizenship  which  may  have  been  issued  heretofore  by  any  court  exer- 
cising jurisdiction  in  naturalization  proceedings  under  prior  laws. 

Sections  16  and  17  superseded.  These  sections,  which  made  punishable  forging, 
etc.,  certificates  of  citizenship,  and  engraving,  etc.,  plates  for  counterfeiting  sucli 
certificates,  and  other  offenses  in  connection  therewith,  are  incorporated  in  the  act 
to  codify,  etc.,  the   penal  laws,  Act  March  4,  1909. 

Sec.  is.  That  it  is  hereby  made  a  felony  for  any  clerk  or  other  per- 
son to  issue  or  be  a  party  to  the  issuance  of  a  certificate  of  citizenship 
contrary  to  the  provisions  of  this  act,  except  upon  a  final  order  under 
the  hand  of  a  court  having  jurisdiction  to  make  such  order,  and  upon 
conviction  thereof  such  clerk  or  other  person  shall  be  punished  by  im- 
prisonment for  not  more  than  five  years  and  by  a  fine  of  not  more  than 
five  thousand  dollars,  in  the  discretion  of  the  court. 

Section  19  superseded.  This  section,  which  made  punishable  the  having  posses- 
sion of  any  blank  certificate  of  citizenship  with  intent  to  unlawfully  use  the  same, 
is  incorporated  in  the  act  to  codify,  etc.,  the  penal  laws.  Act  March  4,  1909. 

Sec.  20.  That  any  clerk  or  other  officer  of  a  court  having  power  under 
this  act  to  naturalize  aliens,  who  wilfully  neglects  to  render  true  ac- 
counts of  moneys  received,  by  him  for  naturalization  proceedings  or 
who  wilfully  neglects  to  pay  over  any  balance  of  such  moneys  due  to 
the  United  States  within  thirty  days  after  said  payment  shall  become 
due  and  demand  therefor  has  been  made  and  refused,  shall  be  deemed 
guilty  of  embezzlement  of  the  public  moneys,  and  shall  be  punishable  by 
imprisonment  for  not  more  than  five  years,  or  by  a  fine  of  not  more  than 
five  thousand  dollars,  or  both. 

Sec.  21.  That  it  shall  be  unlawful  for  any  clerk  of  any  court  or  his 
authorized  deputy  or  assistant  exercising  jurisdiction  in  naturalization 
proceedings,  to  demand,  charge,  collect,  or  receive  any  otJier  or  ad- 
ditional fees  or  moneys  in  naturalization  proceedings  save  the  fees 
and  moneys  herein  specified ;  and  a  violation  of  any  of  the  provisions  of 
this  section  or  any  part  thereof  is  hereby  declared  to  be  a  misdemeanor 
and  shall  be  punished  by  imprisonment  for  not  more  than  two  years,  or 
by  a  fine  of  not  more  than  one  thousand  dollars,  or  by  both  such  fine  and 
imprisonment. 

Sec.  22.  That  the  clerk  of  any  court  exercising  jurisdiction  in  natu- 
ralization proceedings,  or  any  pei-son  acting  under  authority  of  this  act, 
who  shall  knowingly  certify  that  a  petitioner,  affiant,  or  witness  named 
in  an  affidavit,  petition,  or  certificate  of  citizenship,  or  other  paper  or 
writing  required  to  be  executed  under  the  provisions  of  this  act,  per- 
sonally appeared  before  him  and  was  sworn  thereto,  or  acknowledged  the 


APPENDIX.  271 


execution  thereof  or  signed  the  same,  when  m  fact  such  petitioner,  atti- 
aut,  or  witness  did  not  personally  appear  before  him,  or  was  not  sworn 
thereto,  or  did  not  execute  the  s;ime,  or  did  not  acknowledge  the  execu- 
tion thereof,  shall  he  punished  by  a  fine  not  exceeding  five  thousand  dol- 
lars, or  by  imprisonment  not  to  exceed  five  years. 

Sec.  23.  That  any  person  who  knowingly  procures  naturalization  in 
violation  of  the  provisions  of  this  act  shall  Ix;  fined  not  more  than  five 
thousand  dollars,  or  shall  be  imprisoned  not  more  than  five  years,  or 
l)oth,  and  upon  conviction  the  court  in  whicii  such  conviction  is  had 
shall  thereupon  adjudge  and  declare  the  final  order  admitting  such 
person  to  citizenship  void.  Jurisdiction  is  hereby  conferred  on  the 
courts  having  jurisdiction  of  the  trial  of  such  offense  to  make  such 
adjudication.  Any  person  who  knowingly  aids,  advises,  or  encourages 
any  person  not  entitled  thereto  to  apply  for  or  to  secure  naturalization, 
or  to  file  the  preliminaiy  papers  declaring  an  intent  to  become  a  citi- 
zen of  the  United  States,  or  who  in  any  naturalization  proceeding  know- 
ingly procures  or  gives  false  testimony  as  to  any  material  fact,  or  who 
knowingly  makes  an  affidavit  false  as  to  any  material  fact  required  to 
be  proved  in  such  ])roceeding,  shall  be  fined  not  more  than  five  thousand 
dollars,  or  imprisoned  not  more  than  five  years,  or  both. 

Sec.  24.  That  no  person  shall  be  prosecuted,  tried,  or  punished  for 
any  crime  arising  under  the  provisions  of  this  act  unless  the  indictment 
is  found  or  the  information  is  filed  within  five  years  next  after  the  com- 
mission of  such  crime. 

Sec.  25.  That  for  the  purpose  of  the  prosecution  of  all  crimes  and 
ofifenses  against  the  naturalization  laws  of  the  United  States  which  may 
have  been  committed  prior  to  the  date  when  this  act  shall  go  into  effect, 
the  existing  naturalization  laws  shall  remain  in  full  force  and  effect. 

Sec.  26.  That  sections  twenty-one  hundred  and  sixty-five,  twenty-one 
hundred  and  sixty-seven,  twenty-one  hundred  and  sixty -eight,  twenty-one 
hundred  and  seventy-three,  of  the  revised  statutes  of  the  United  States 
of  America,  and  section  thirty-nine  of  chapter  one  thousand  and  tw'elve 
of  the  Statutes  at  Large  of  the  United  States  of  America  for  the  year 
nineteen  hundred  and  three,  and  all  acts  or  parts  of  acts  inconsistent 
with  or  repugnant  to  the  provisions  of  this  act  are  hereby  repealed. 

Sec.  27.  That  substantially  the  following  forms  shall  be  used  in  the 
proceedings  to  which  they  relate: 

declaration  of  intention. 

(Invalid  for  all  pui'jioses  seven  years  after  tliw  date  hereof.) 

ss : 

I aged years,  occupation ,  do 

declare  on  oath  (aflirm)  that  my  personal  description  is:   Color 

complexion ,  height  w-eight  color  of  hair 

,  color  of  eyes ,  other  vi.sible  distinctive  marks ; 

I  was  born  in on  the day  of ,  anno  domini 

;  I  now  reside  at ;  I  emigrated  to  the  United  States 

of   America  from    on   the  vessel    ;   my    last 

foreign  residence  was   It  is  my  bona  fide  intention  to  re- 
nounce forever  all  allegiance  and  fidelity  to  any  foreign  prince,  potentate, 

state,  or  .sovereignty,  and  particularly  to   ,  of  which  I  am 

now  a  citizen   (subject);  I  arrived  at  the   (port)   of   ,  in 


272  APPENDIX. 


the  State  (Territory  or  District)  of on  or  about  the 

day  of anno  domini ;  I  am  not  an  anarchist ; 

I  am  not  a  polygamist  nor  a  believer  in  the  practive  of  polygamy;  and 
it  is  my  intention  in  good  faith  io  become  a  citizen  of  the  United  States 
of  America  and  to  permanently  reside  therein.     So  help  me  God. 

(Original  signature  of  declarant)    

Subscribed  and  swoni  to   (aflirmed)    before  me  this day  of 

anno  domini    


[r,.  s.] 


(Oflicinl    character  of  attestor.) 


PF.TITION    FOR    NATITRALIZATION. 


Court  of .' 

In  the  matter  of  the  petition  of to  be  admitted  as  a 

citizen  of  tlie  United  States  of  America. 
To  the   Court : 

The  petition  of respectfully  shows: 

First.    My  full  name  is 

Second.     j\Iy   place  of  residence  is  number   street, 

city  of '. State  (Territory  or  District)  of 

Third.     My  occupation  is   

Fourth.     I  was  born  on  the day  of at   

Fifth.     I  emigrated  to  the  United  States  from   on  or 

about  the day  of ,  anno  domini ,  and 

arrived  at   the  port  of   in   the  United   States,  on  the 

vessel    

Sixth.     I  declared  my  intention   to  become  a  citizen  of  the  United 

States  on  the day  of at ,  in  the 

court  of 

Seventh.     I  am  ....  manned.    My  wife's  name  is She 

was  born  in  and  now  resides  at I  have 

children,  and  the  name,  date,  and  place  of  birth  and  place  of  residence  of 
each  of  said  children  is  as  follows :  ; ;  

Eighth.  I  am  uot  a  disbeliever  in  or  opposed  to  organized  govern- 
ment or  a  member  of  or  affiliated  with  any  organization  or  body  of  i)er- 
sons  teaching  disbelief  in  oi'ganizcd  government.  I  am  not  a  polygamist 
nor  a  believer  in  the  practice  of  polygamy.  I  am  attached  to  the  ])rin- 
ciples  of  the  Constitution  of  the  United  States,  and  it  is  my  intention 
to  become  a  citizen  of  the  United  States  and  to  renounce  absolutely 
and  forever  all  allegiance  and  fidelity  to  any  foreign  prince,  potentate, 

state,  or  sovereignty,  and  particularly  to ,  of  which  at 

this  time  I  am  a  citizen   (or  subject),  and  it  is  my  intention  to  reside 
permanently  in  the  United  States. 

Ninth.     I  am  able  to  speak  the  English  language. 

Tenth.  I  have  resided  continuously  in  the  United  States  of  America 
for  a  term  of  five  years  at  least  immediately  preceding  the  date  of  this 

petition,  to-wit,  since  anno  domiui   and  in 

the  State  (Ten-itory  or  District)  of for  one  year  at  least 

next  preceding  the  date  of  this  petition,  to-wit.  since day  of 

anno  domini   

Eleventh.     I  have  not  heretofore  made  petition  for  citizenship  to  any 


APPENDIX.  273 


court:     (I  made  petition  for  citizenslii])  to  tiie   court  of 

at    and  ihe  said  petit iou  was  denied   by 

tiie  said  court  for  tlie  following;  reasons  and  causes,  to-wit , 

and  tlie  cause  of  sudi  denial  lias  since  liceu  cured  or  removed.) 

Attaclied  hereto  and  made  a  part  of  this  jietiliou  are  my  declaration 
of  intention  to  become  a  citizen  of  the  United  Stales  and  iiie  ceriificate 
from  tlie  Department  of  Commerce  and  Labor  required  by  law.  Where- 
fore your  petitioner  prays  that  he  may  be  adinilled  a  cilizcn  of  Ihe 
United  States  of  America. 

Dated    

(Signature  of  ])etiti(iner)    

ss : 

being  duly  sworn,  (h'jioses  and  says  that  he  is 

the  petitioner  in  the  above-entitled  proceeding;  that  he  has  read  the 
foregoing  petition  and  knows  the  contents  thereof;  that  the  same  is 
true  of  his  own  knowledge,  except  as  to  matters  therein  stated  to  be  al- 
leged upon  information  and  belief,  and  that  as  to  those  mattci-s  he  be- 
lieves it  to  be  true. 

Sidiscribed  and  s\v(Uii  lo  before  me  this day  nf , 

anno  domini   

[!'■    S.]  

Clerk  of  (he (lourt. 

AFFIDAVIT    OF    WITNESSES. 

Court  of  

In  the  matter  of  the  petition  of to  be  admitted  a 

citizen  of  the  United   States  of  .Vmerica. 

,  ss : 

,  occupation  residing  at , 

and ,  occupation ,  residing  at , 

each  being  severally,  duly,  and  respectively  sworn,  deposes  and  says  that 
he  is  a  citizen  of  the  United  States  of  America;  that  he  has  ])ersonally 

known  ,  the  petitioner  above  mentioned,  to  be  a  resident 

of  the  United  States  for  a  period  of  at  least  five  years  continuously 
immediately  preceding  the  date  of  filing  his  petition,  and  of  the  State 
(Territory  or  District)   in  which  the  above-entitled  application  is  made 

for  a  period  of   years  immediately  jireceding  the  date  of 

filing  his  i)etition ;  and  that  he  has  ]iersonal  knowledge  that  the  said 
petitioner  is  a  person  of  good  moral  character,  attached  to  the  principles 
of  the  Constitution  of  the  United  States,  and  Ihat  he  is  in  every  way 
qualified,  iu  his  opinion,  to  be  admitted  as  a  citizen  of  the  United 
States. 


Subscribed  and  sw(U-n  Id  Itefore  me  (his day  nf 

nineteen   hundred  and    

[!'•    S-]  

(Official  character  of  attestor.) 
35 


274  APPENDIX. 

CERTIFICATE   OF   NATURALIZATION. 

Number- 

Petition,  volume ,  page  

Stub,  volume ,  page 

( Signature  of  holder)    

Description  of  holder :    Age,  ;  height,  ;  color, 

;  complexion,    ;   color  of  eyes,    ;  color 

of  hair,  ;  visible  distinguishing  marks, 

Name,  age,  and  place  of  residence  of  wife, , , 

Names,  ages,  and  places  of  residence  of  minor  children, , , 


,  ss : 

Be  it  remembered,  that  at  a term  of  the court 

of ,  held  at   on  the day  of 

,  in  the  year  of  our  Lord  nineteen  hundred  and , 

who  previous  to  his  (her)   naturalization  was  a  citizen   (or 

subject)   of  ,  at  present  residing  at  number 

street,   city   (town) ,    State  (Territory 

or  District),  having  applied  to  be  admitted  a  citizen  of  the  United 
States  of  Amei'ica  pursuant  to  law,  and  the  court  having  found  that  the 
petitioner  had  resided  continuously  within  the  United  States  for  at 
least  five  years  and  in  this  state  for  one  year  immediately  preceding 
the  date  of  the  hearing  of  his  (her)  petition,  and  that  said  petitioner 
intends  to  reside  permanently  in  the  United  States,  had  in  all  respects 
complied  with  the  law  in  relation  thereto,  and  that  ....  he  was  en- 
titled to  be  so  admitted,  it  was  thereupon  ordered  by  the  said  court 
that  ....  he  be  admitted  as  a  citizen  of  the  United  States  of  America. 

In  testimony  whereof  the  seal  of  said  court  is  hereunto  affixed   on 

the    day  of    ,    in  the   year  of   our  Lord  ninetoeii 

hundred  and  ,  and  of  our  independence  the  

[L-  S-]  

(Official  character  of  attestor.) 

STUB    OF    CERTIFICATE    OF    NATURALIZATION. 

No.  of  certificate, 

Name   ;  age,   

Declaration  of  intention,  volume    ,  page   

Petition,  volume ,  page 

Name,  age,  and  place  of  residence  of  wife,  . . . .,   . . . .,   ....    Names, 
ages,  and  places  of  residence  of  minor  children,  .  . . .,  . . . .,  . . .  .  ;   . . . ., 


Date  of  order,  volume page 

(Signature  of  holder)    

Sec.  28.  That  the  secretary  of  commerce  and  labor  shall  have  power 
to  make  such  rules  and  regulations  as  may  be  necessary  for  properly 
carrying  into  execution  ihe  various  provisions  of  this  act.  Certified 
copies  of  all  papers,  documents,  certificates,  and  records  required  to  be 
used,  filed,  recorded,  or  kept  under  any  and  all  of  the  provisions  of  this 


APPENDIX.  275 


act  shall  be  admitted  in  evidence  equally  with  the  originals  in  any  and 
all  proceedings  imder  this  act  and  in  all  cases  in  which  the  originals 
thereof  might  be  admissible  as  evidence. 

Sec.  30.  That  all  the  applicable  provisions  of  the  naturalization  laws 
of  the  United  States  shall  apply  to  and  be  held  to  authorize  the  admis- 
sion to  citizenship  of  all  persons  not  citizens  who  owe  permanent  alle- 
giance to  the  United  Stales,  and  who  may  become  residents  of  any 
state  or  organized  territory  of  tlie  United  States,  with  the  following 
modifications:  The  applicant  shall  not  be  required  to  renounce  alle- 
giance to  any  foreign  sovereignty ;  he  shall  make  his  declaration  of 
intention  to  become  a  citizen  of  the  United  States  at  least  two  yeai'S 
prior  to  his  admission;  and  residence  within  the  jurisdiction  of  the 
United  States,  owing  such  permanent  allegiance,  shall  be  regarded  as 
residence  within  the  United  States  within  the  meaning  of  the  five  years' 
residence  clause  of  the  existing  law. 


An  Act  to  validate  certain  certificates  of  naturalization. 
[Extract    from   Act   of   Congress,   approved    June   29,    1906.] 

That  naturalization  certificates  issued  after  the  act  approved  March 
third,  nineteen  hundred  and  three,  entitled  "An  act  to  regulate  the 
immigration  of  aliens  into  the  United  States,"  went  into  effect,  which 
fail  to  show  that  the  courts  issuing  said  certificates  complied  with 
the  requirements  of  section  thirty-nine  of  said  act,  but  which  were  other- 
wise lawfully  issued,  are  hereby  declared  to  be  as  valid  a.s  though  said 
certificates  complied  with  said  section :  Provided,  That  in  all  such 
cases  applications  shall  be  made  for  new  naturalization  certificates,  and 
when  the  same  are  granted,  upon  compliance  with  the  provisions  of  said 
act  of  nineteen  hundred  and  three,  they  shall  relate  back  to  the  de- 
fective certificates,  and  citizenship  shall  be  deemed  to  have  been  per- 
fected at  the  date  of  the  defective  certificate. 


I 


INDEX  TO 
GENERAL    ELECTION    LAWS 


The  Index  to  the  Priraary  Election  Law  Immediately  Follows. 


INDEX 


TO    GENERAL    ELECTION    LAWS. 
(Rcfprences    are    to    Compiler's    Sections.) 

ACCOUNT:  ,     ,.  '''  S'-ctlon^ 

of  nomination  or  election   expenses *'■'•  ''" 

to    l)c    open    to    public    inspection J|' 

inspection    of     :ig 

notification  of  failure  to  file Joi 

blank    forms   for,    how    furnished *-^ 

ACTS :  0 

adoption   of,   by   people Jj 

petitions    for    q 

subject    to    referendum    ;^ 

amendment    of     ^ 

not   subject    to   governor's   veto • 

when   to  take   effect ' 

how    published     

ACTS   01"   LEGISI.ATtTRE:                      ,  p 

when  to  take   effect ^ 

sublect    to    referendum 

ADJOURNMENT:                                                    ,         ^.           ,  ,.„   .^^ 

noon,  of  the   polls  iu  townships,  proclamation,  etc i'->.  '»- 

of    pollinfT   places    ^ii 

of   board   of    state    canvassers Sj^ 

from  dav  to  dav  b.v  county  canvassers    ^*^ 

final,   of"  township  board   of   canvassers  subject   to  recall -110  ^?i 

of  annual    township   meetings,   proceedings,    notice   of,   etc ai-.m 

AFFIDAVIT:                                                       .         ^              ,.,.  <1 

to   be   attached   to    initiative   or   referendum    pedlions J 

to  be   attached   to  petition    for  constitutional   ainendmenl '» 

to  be  attached  to   recall    petition '"'* 

AGENT:                                                                                   ,     ,.  .,:, 

of  corporation,    etc.,  not   to    contribute   lo    election    expenses «-o 

ALDERMEN  :  „  ,  _,«  ,- 

to    constitute    board    of    registration    in    cities i-Fo  kr-' 

to    net    as    inspectors    of   election .■;•■■, •  ■  '^ '■^^'  SS? 

when   two,  at  large  may  be  elected  in  fourth  class  cides.  term  of  office 6dl 

number   of,    olecti'd    at   first   election    in    cities    of   fourth    class 040 

ALIENS: 

naturalization   of  :      See    appendix. 

AMENDMENTS :                                                        ,  ,_  on 

and   revision  of  constitution,  how   made '  '-o" 

constitutional,    secretary   of  state   to  certify    to  submission 101 

how    voted    for.    etc ''ii 

ballots,    how   printed,    voted,   etc '°^ 

canvass    of    votes   on ■ .>i  t  i  >> 

canvass  of  votes   by   state   board   on    constitutional -'  '■^- 

to    constiliilion    to  "bo    published    with    laws ,         -i^> 

recount    of  votes  east   on,  by  board  of  state  canvassers -•!■'.  -'J" 

correction   upon  certiorari   of  error   in   return    of  votes  on............. -Ji 

duly   of  secretary   of  stale   as  to  publicity   of  proposed  const II utional,  etc 0d4 

ANNUAL    CITY    ELECTION:  r.rrr;  r,7n 

in   fourth   class  cilies.   notices,  canvass,  n-luni.    etc o.>.>-j(u 

ANNUAL   MEETING  :  o-i 

applied    to    townships,    how    construed .■•;■■,•,••■,■•,".■';'■ 

ANNUAL  TOWNSHIP   MEETING;      (see   township   meeting   and    April   election). 

"when  candidate  niav.  to  circuit   court    for  exaniinaliou,  etc..   of  returns 2SG 

APrOINTlVE    Ol'FlCERS:                                  ,       .              ^  47R 

by   the   governor,  etc.,   resignations  of,   when   made ^>° 


280  INDETX. 


APPOINTMENTS :  Sections. 

members   of  legislature   not   to   receive   civil 15 

of  election  inspectors  in  townships  having  more  than  two  districts,  by  whom  274 

of   election    inspectors   In    village,    when    notice    given 277 

temporary,   to   fill   vacancy   in  certain   oflices  by    town   board 357 

of  person   to   fill    vacancy   in    office   of   county  '  treasurer,   by  whom 436 

in   office  of   register  of   deeds,    when   and   by   whom 444 

of    prosecuting    attorney    by    governor 448 

to  fill  vacancy   in  office  of  county  commissioner  of  schools,  by  whom 462 

officers  by,   resignations   of,    how    and   to  whom   made 478 

vacancies   in   certain   state  offices    tilled   by,   by   whom 490 

of   county   officers   to   fill   vacancy,    by  whom 491 

of  cerlain   officers   in    cities   of   fourth   class,    by  whom   and   wljen    made 538-539 

term    of  officers    holding   office   by,   in    cities   of  fourth    cla.ss 542 

.APPORTIONMENT  : 

of   state   representatives,    ratio,    etc 636 

of    state     into    thirty-two    senatorial    districts 637-8 

APPROVAL   OF  BONDS : 

of  county  officers,  by  board  of  supervisors   477 

of   congressmen    639 

APRIL   ELECTIONS:      (see  also  township  meetings). 

officers    elected    at,    in    townships 305 

county   commissioner  of  schools  to  be  elected   at 460 

circuit  judges,   election   of,   canvass  of  votes,   term,  etc 498-505 

regents   of  universit.v,   elected    at,   canvass  of    votes,   etc 506-509 

members   of   slate   board   of   education   elected   at 510 

superintendent  of  public  instruction  elected  at 511 

.itistices   of   supreme   court   elected   at,    canvass,    etc 512-519 

in   fourth    class   cities,   inspectors,   proceedings,   canvass,   etc 553-570 

ARREST: 

of  person   leaving   room  with   ballot   or  pencil 163 

of  person    offending  against    elections,    who    to   cause ."84 

ASSESSOR : 

in   cit.v,   to  act  as   inspector  of  election 139 

ASSISTANCE: 

of  voter  in  preparation  of  ballot 158 

where  voting   machines  are   used G15 

ATTORNEY : 

of    corporation,   etc.,   not    to   contribute   to   election    expenses 425 

ATTORNEY  GENERAL : 

to  approve  form  of  blanks  for  statement  of  election   expenses 421 

vacancy    in    office    of,    how    filled 490 

to  draft  forms,  etc.,  for  use  at  local  option  elections 658 

AUDITOR   GENERAL: 

when  to  act  as  member,  board  of  state  canvassers 200 

vacancy    in    office    of,    how    filled 400 

salaries  and  expenses  of  state  highway  commissioner  and   deputies  to  be  paid 

on   warrant   of    523 

B. 

BALLOTS: 

numlier    of,    to    he    prepared    I)y    election    commissioners 147 

proof   copy    of,    when    placed    on    inspection 149,  233 

form    of.    perforation    of.    etc 152, 333 

arrangement    of   names    on 152 

duty  of  printer,   as  to  printing,  delivery,   etc 154 

pacliagc  containing,   to  be  sealed,   certified,   and   receipted  for  upon    delivery.  .  156 

how    and    when    opened ".  .  .  159 

initialing    of     159 

how   marked  by  voter,   folding  of 163 

by  whom  and  where  distrilnited.   to  have  initials,  etc 167 

assistance    of    voter    in    preparation    of 169 

unused    and   spoih^d.    to   be    preserved,    etc 171-2 

canvass   of.   result,    how  declared,    statement,    etc 173,  175 

to  he  placed   in   box.   sealed,   etc 174 

limit  of  time   in    booth    while   preparing 179 

constitutional  amendments,  to  lie  separate.  Iiow  marked,  etc 183 

and  poll  lists  to  be  delivered  to  city  clerk 184 

duty  of  inspectors  upon   receipt  of,   of  chalh'Uged  voter 235-36 

when    may    be    produced   in    court 237 

proceedings   for    making  recount    of 256 

after   recount   to    be    sealed    up,    to    whom    returned 261 

to   be   counted    and    compared   with   poll    list 340 

in   cities  of   fourth   class,   preparing   of,   etc 566 

for   local   option   election,    form  of,    who  to   furnish 646 

BALLOT   BOXES: 

who    to    provide,    where    kept,    lock    and    key    for 144-5 

when   marked  ballot   deposited   in 163 

to    whom    delivered    165.  174 

how   sealed,    care    of    key,    etc..   returning   and   opening   of 165-6 

opening    of,   and    canvass   of   votes ^ 173 

separate,    for  votes   on    constitutional    amendments,    liow   marked 183 

board  of  st:ite  canvassers  may  demand  and  cause  to  be  brought 229 


INDEX. 


281 


nAIJ.OT  BOXES— Con.  Sections. 

wlipn    bo.ird    of    state    canvasser.s    may    open 230 

when    may   be  producefl    in    oourt 237 

wlien   may  be   opened    by    county   canvassers 243 

Ijower  of  supervisors  to  open    for   ri'cnunt 205 

penalty    for   violation    of.    brcakinj;    iiit".    etc 2515, 382 

used    in   election   district,   \\iici-c  dcjinsilcil    273,  278 

common    council    may    provide,    for    city    primaries 293 

how  constructed,  kept  and  disposed  of  at  lown   uu'i'liims 332 

in   cities  of  fourth  class,  by  whom  kep(.  etc r,r,f) 

villa;;e    council    to   provide r,S7 

r..\I,LOT   CLERKS: 

may  be  dispensed  with  in  election  dislricis  usintr  voljn;;  uiachiiies 000 

li.VLLOT   LABELS: 

providini;,    for    voting    machines C02 

BANKING  LAW  : 

votes    on,    how    canvassed    and    returned 211 -'^12 

BETTING: 

on    elections,    penalty,    proviso    as    to    line 4SG-8S 

BIENNIAL   REPOHT: 

of   state   highway    commissioner • S'^s 

BLANKS : 

for   statement   of  election   espen.ses,    how   furni.shed 421 

BOARD  OF  COUNTY  CANVASSERS: 

in   certain    counties,    to   be    board   of   election    commissioners 148 

statements    of    election    forwarded    by    registered    mai(    to 175 

duties    of    185-92 

duty   of,   in   case   of  tie  vote 188 

to   make  duplicate  statement  of   district   canvass 189 

canvass   of   votes  by,    on   amendments 192 

who  to  constitute,   in   Wayne  county 240 

election,    powers    and    duties 240-52 

term  of   otEce   of,   oatb,    etc 241 

when    to    meet   and    organize 242 

proceedings  of,    in   making   canvass 243 

to  make  statement  of  result  of  count 243 

proceedings  of,   in   case  of   tie    vote 244 

penalty   for   violation    of   act 248 

duties    of,    in    case    of    rccoimt 249-52 

special   canvass   by,   for   state  senator   or   representative 253 

duty  of,  as  to  investigation,  etc.,  of  fraitds,  etc..  made   by   inspectors 256 

canvass   of   votes   by,    for   circuit   .1udge   and   regents 503,  509 

for  supreme  court  .lustices -. 372 

BOARD   OF  COUNTY   ROAD   COAI.MISSIONrRS  : 

election    of    463-464 

BOARD  OF  DISTRICT  CANVASSERS: 

statement  of  votes  by,  what   to  contain 186 

duty  of,   in  case   of  tie  vote 188 

who  to  constitute,  powers  and  duties 193-98 

when    and    where    to    meet    and    make    canvass 195 

manner    of    determining    person    elected 197-98 

to    certify    names    of    persons    elected 190 

to  publish    result   of  canvass 199 

I'.OARD   OF    EDUCATION:       (see   state   board   of   cdniationt. 

BOARD  OF  ELECTION   COMMISSIONERS: 

county,    members    of,    duties,    etc 147-8 

unlawful   for,  to  cause  name  printed    in   more   than  onif  column   on    ballot....  148 

exception   as  to  judge  in    10th    judicial   circuit 148 

duty   of,    to   correct   errors  in    proof   copy  of  ballot 149 

to    furnish    pencils,    etc.,    for    each    voting   precinct 155 

chairman  of,  to  certify  number  of  ballots  in  package,  etc 156 

wlien    may    designate    elector   ballots    may    be   delivered    lo 157 

duty  of,   as  to  printing,    etc.,   of  I)aIlols   for  constitnt  lonal   aiueudments 1S3 

township    board    to    constitute    township,    duties    of 2.32 

city,   who   to   constitute,    duties   of 232 

village,    who    to   constitute,    duties    of 297,  587 

when    political    committees    to    furnish,    witli    names    of   candidates 233 

in    fourth    class    cities,    appointment,    duties,    etc 565-66 

duties  of,   as   to   voting  machines,   names  of  nominees,    instructions    to  voters, 

etc     594 

BOARD    OF    ELECTION    INSPECTORS:       (see    inspectors    of   elcclionl. 

BOARD    OP  REGISTRATION: 

who   to  constitute,    for   cities  and    townships 84 

in   cities,    meetings  of,    powers   and   duties 80-90 

in   townships,    who    to    constitute,    etc 92 

sessions    of,    when    held,    powers    and    duties 95 

to    review    and    correct    lists 101 

in    new    villages,    duty    of 105 

compensation  of   members  of 110,  270,  303 

in   Wayne   county,    who    to   make  re-registration 113 

when,    in    session 113 

election   inspectors  to  constitute,   in  new   townships 114 

when    to  meet    1  lil 

In    new    townships,    organization    of,    etc 117-10 


282  INDEX. 


BOARD   OF   REGISTRATION— Con.  Sections. 

not    to   meet  where  intoxieatinj^   Honors   are  sold 120 

penalty    fi.'r    violation 121 

duties  of,  as  to  registration  of  electors  in  districts 272 

membership,    how    ronslitiitcU 272 

in    fourth    class    cities,    duties,    re-registration,    new    wards,    compensa- 
tion,   etc O.S0-5K5 

first,   in   vilfage,    how   constituted 57,"3 

subsequent,    how    appointed 576 

how  to  proceed,  in  making  registration 577 

BOARD    OF    STATE    CANVASSERS: 

who  to  constitute,    duties    of,   etc 34,  200 

powers    and    duties    of 200-212 

secretary  of  state  to  appoint  time  of  meeting  of 204 

statement   of,    what  to  show 205-C 

when   to    canvass    votes   for   presidential    electors 209 

ma.v   adjourn    from   day   to  day 215 

act  for  recount  of  votes  canvassed  by 226-230 

canvass   by,    for   circuit    judges 504 

for    regents    of    university 509 

for-   justices   of   supreme    court 516 

BOARD   OF   SUPERVISORS: 

duties  of,   as  to   dividing  county   into   representative   districts 11 

wlien  special  elections  to  be  ordered  by 126, 135 

to    elect    board    of    county    canvassers 240 

recount   of   votes   canvassed   by 264-265 

duty   as   to  first  election  in  new  township 378 

may  select  person  to  fill   office  of  county   treasurer  in   case  of  vacancy,   etc.  .  436 

removal  and  appointment  of  county  olficers  by 491 

to   appoint   time   for  first   election   in   village 575 

when  may  authorize  the  use  of  voting  machines 627-31 

duty  of,  relative  to  local  option  elections   640-65S 

BOND : 

of  justice  of  the  peace,  where  filed 308 

penalty  for  certain  township  officers  neglecting  to  file 353 

county  treasurer  to  give 435 

county   clerk   to  give,   amount   of  and  by  whom  approved 439 

of   sheriff    441 

of    coroners     442 

of   register    of   deeds 443 

of    county    surveyor 445 

when   certain    county   officers    to   give,    with  whom   filed 447 

of    circuit    court    commissioner 457 

county   commissioner   of    schools 460 

county  drain  commissioner  to  execute  and  file   465 

of    county   mine  inspector 471 

approval  of  county  officers',  by  supervisors 477 

when   probate   or  circuit  judge  may  approve 477 

oflicers  in  cities  of  fourth  class  to  give,  by  whom  examined,  with  whom  filed  546-48 

BOOTHS:  -„.,=„ 

pencils,  etc.,  to  be  furnished    for  each l;ju-6, 159 

admittance  of   voters   to,   in    the  order  in  which   they   apply 158 

to  be  erected   in   voting   room,   number  of  and   specitications    for 158 

elector  to  mark   and  fold   ballot    in 163 

marking  of  ballot  of   physically  incapable   person   to  be   done  in 169 

limit   of    time  elector    may    remain   in 179 

for  primaries  in   cities,   who  to   provide,   notices,    etc 283 

voting   machine,    assisted   elector    to    be   left    alone   in 615 

BRIBERY  :  „^. 

penalty  for  attempted,  of  elector o»Y 

who    deemed    guilty    of ob9,  owl 

C. 
CANDIDATES: 

not  to  act  as  Inspector  of  election i-'" 

name  of,  nominated  by   two  or  more  parties,  unlawful  to  be  printed  in  more 

than   one   column   on    ballot J48 

exceptions   as  to   circuit   judge   of   lOtb   judicial   circuit 14| 

names  of,  and  vignette  adopted,  to  be  sent  to  chairman 148 

order  of  placement  of,  on  ballot   for  November  and  April  elections IB/ 

in  case  of  death,  removal  or   withdrawal  of loo 

unlawful  to   influence  voter  to   vote  for  or  against 17U,  isu 

how  may  have  recount  of  votes  can%assed  by   board  of  state  canvassers....  2ib-JdU 

petition    to    be    filed    by 5^° 

deposit   to   be  made   by ~~i, 

to    give  notice   to   opponent  of    filing  petition ^^" 

names   of,   when   and  by   whom    given  to  commissioners ..  .  ^ga 

contesting  election,  to  file  petition  for  recount   of  ballots  and  make   deposit..  24\i,  ^Hl 
filing   petition   for  recount  to   make  deposit,   etc.,  when  may  appeal  to  circuit 

court    ii-n 

to  be  notified  of  recount  by  county  canvassers r»" 

"primaries"  for  choosing,  for  office,  in  cities,   how  construed,  etc „nrti 

at   city  primaries,   unlawful   to   solicit   money   from,    influence   voter,    etc 2J4-a5 


INDEX.  283 


CANDIDATES— Con.  Spclious. 

at   convontion.   unlawful    for    dclcg.ito   to   solicit  money,   etc 297 

legitimate  election   expenses  of ."JOO 

not  to  provide  refreshment    for   corrupliti!;   voter,   penally 392 

election    of.    who    commits    bribery,    void 395 

penalty   for  offering  reward,  etc..  to   support 409-411 

limitation    of  nomination   and   election   expen.>ies  of 412-432 

lawful    expenditures    by    414 

to  render   sworn  slatement  of  expenditures 41.'"),  41G 

payment   of    contributions   to 422 

not  to  disburse  money  received   from  anonymous  source 424 

corporations,    etc..    not    to    contribute    to    expenses    of 425 

political    advertisements    for    or    against 427 

circulars,    etc.,    reflecting    upon    character    of 428 

certain  persons   not   to   ask  donations,    etc.   from 432 

in   fourth   class  cities,    in    case   of  lie  vote    for 588 

for  police   justices,   nomination 571 

primary  election  law  for  nomination  of 6G3-712 

CANVASS   01''    VOTES: 

how    conducted,    what   ballots   void,    etc 173 

result   of,    how    declared,    statement,    etc 175 

on   constitutional   amendments 183,   192,    211-12 

for  state  and  county  officers 185 

who   to   constitute   board   for    district 193 

when  and  where  district  canvassers  to  meet  for 195 

state,   when   and  how  made 205-12 

for    presidential    electors,    when    made 209 

method  of,  by  board  of  county  canvassers 243 

petition   of  candidate,    in  alleged  fraud  or  error  in 249 

special,  for  state  senator  or  representative  to  fill  vacancy 253 

proceedings   for    correction   of    frauds,   etc.,    in,    etc.,   made  by    inspectors 256 

in   district,   how   and    by   whom   performed * 273-74 

at    township    elections 334-37 

at   primaries,    penalty  for   inspectors   making  false 401 

for    circuit   Judge,    how    conducted,    etc 502-3 

for  regents    of  university 508-9 

for   justices  of  supreme  court,    state  and  county 517-19 

in   fourth   class  cities,   how   conducted 566 

at   village  election,    law   governing 590 

number  of  pamphlets  showing  result  of,  at  April  election,  by  whom  printed..  633 

at   local   option  election,    statements,   where   filed 647 

CANVASSERS:       (see    board    of    county    canvassers:    board    of    district    canvassers; 
board    of    state    canvassers). 

CANVASSERS'   STATEMENTS: 

how  made  up,  certified,   where  filed 187 

CAUCUS : 

or  primaries  in  cities,  act  relative  to 283-304 

punishment    for    offenses    at     398-406 

CENTRAL  POLLING  PLACES: 

in   fourth    class    cities,   how   established 281-2 

CERTIFICATE  : 

of  election,   county  clerk  to  make  and  deliver 190 

of  determination   by  state  board  of   canvassers 207 

candidate    not    receiving,    of    election    may    have    returns    examined,    etc.,    in 

circuit    court    256 

of  statement   relative  to   results,    etc.,   of   canvass 341-2 

of  election  in  fourth  class  cities,  where  filed,   etc 567 

and  statement  of  votes,  to  be  filed  with  village  clerk 590 

CERTIFIED    COPIES: 

clerk  to  furnish   secretary  of  state  with,   of  rountv    canvass 246 

CERTIORARI  : 

correction  upon,   of  errors   in   election   returns 251,  266 

CHAIRMAN  : 

of  hoard   of  election   inspectors,   when   supervisor   to  he 146 

of   board   of   election   commissioners 147 

of  board  of  election  inspectors  in  each  precinct,  to  procure  ballots,  etc 158 

of  board  of  county  canvassers,  election  of,  etc 242 

of   election   Inspectors   in   fourth    class    cities 562 

of    state    central    committee,   when    elected 715 

CHALLENGE: 

of    person    not   registered 98 

proceedings   in   case   of 161, 335 

duty    of  inspectors   to,    disqualified    elector 162 

of  elector  at  city  primaries,  oalli,  etc 289-90 

challenged    voter   to    wait    until    others    have    voted 291 

of    voter    in    townships,    duty    of    moderator 371 

of  voters  at  primaries,  oath,   when  vote  received,  etc 400-401 

CHALLENGED   VOTER : 

duty    of    inspectors    upon    receipt   of    ballot   of 235-6 

CHALLENGERS  : 

number   of,    position   assigned,    powers   and    authority   of,    removal    of 100 

duties   of,    in    assisting   voters 160,  615 

employment  of,   deemed  lawful   expenditure 414 

CHIPPEWA    COUNTY:  ,       , 

county  commissioner  of  schools  In,  to  be  elected   at  general  election 4IjO 


284  INDEX. 


CIRCUIT  COURT:  Sections. 

when   candidate   may   appeal    to.  ^or    examination,    etc.,   of   returns iloO 

judge  of.  may  fill  vacancy  in  ofBce  of  county  clerlt  or  prosecuting  attorney..  488 

CIRCUIT  COURT   COMMISSIONER  : 

election   of,   term   of  ofBee,   etc ....  4.'i.'i-d 

wlien   counties   entitled   to    two 4.^(;^, 

wlien    two,    elected,    county   canvassers    to    designate    successoi* -iTA 

oatli    and    Ijond    of 4.10.7 

vacancy  in  office  of,   liovv  tilled   4.''i8 

salary,    certain    acts    providing,   of    .$1,000    repealed .  ■. 459 

CIRCUIT  .lUDGES: 

term    of   oHice  of.    when    elected 39 

in   lOtli  judicial  circuit,  exception   as  to  form  of  l)allnt 148 

when    to    designate   successor   of   circuit   court  commission<'r 455 

when   may   approve   county    officers'    bonds 477 

when  may  remove  county  clerk 485 

may  fill  vacancy  in   office  of  county   clerk  or  prosecuting  attorney 488 

election    of,    canvass   of    votes,    term,    etc 498-506 

CIRCULAR : 

political,    containing    false    statements,    etc.,    prohibited 428 

CITIES: 

when,   entitled   to   more  than   one  representative 11 

board   of  registration    in.   who   to  constitute,   etc 84 

section   relative  to   registration    in,    not  to   apply   to   certain 88 

opening    and   closing  of   polls    in,   and   townships 182 

who  to  constitute  board  of   election  commissioners  in 232 

duties   of    r. .  232 

act  relative  to  primaries  in,  of  certain  population 283-304 

under    15,000,    bow    may    conduct    primaries 300 

election    of    police    judges    and    clerks    in    certain 571-574 

when,  may  purchase   voting  machines 597 

term   of  office   of   members  of  political   committees  in 662 

CITIES   OF  THE   FOURTH   CLASS; 

establishment   of   central    polling   places   in 281-2 

registration    in,    duties    of    board,    re-registration,    etc 528-535 

what  officers   in,   to   be  elected 536 

when   two  aldermen   at  large  may   be  elected  in 5.S7 

appointments  of   certain   oJficers  in,   made  by   mayor  with  council's  consent..  538-9 

officers  elected,   appointed  or  filling  vacancy  In,  term  of  office 540-43 

qualifications    for    holding    office    in 544 

officers  in,  when  to  take  oath  and  give  bond 545-48 

elections   in,    inspectors,   conducting   of,   canvass,   returns,   etc 555-570 

CITY   CLERK: 

list  of  registration  signed  by  board  and   filed  with 90 

to    deliver    register    to    election    inspectors 91 

when  to  deliver  and  certify  to  copy  of  register  of  electors   to  elector 102 

to   forward   secretary   of   state,   number   of  registered   names 109 

to    provide   ballot    bo,\,    key,    election    seal,    etc 144 

printed    instructions    to   voters   furnished    by 168 

to   have  charge   of   ballot   box 174 

duty  of.   as  to   duplicate  statements  of  result   of   election 175 

ballots   and    poll    lists   to    be    delivered   to 184 

to  be  notified  of  holding  of  primaries 292 

to  be  furnished    blanks   for   statements   of  election   expenses 421 

petitions  for  recall  of  mayor   to    be  filed   with 493 

in   fourth   class  cities,  notice  of,   as  to  registration 534 

notices   of   election   given   by 558 

duty  as  to  ballot  boxes,  certificate  of  election,  etc 559,  567-570 

CITY  COUNCIL: 

may  by  resolution   keep   polls  open   till  8  o'clock 143 

when,   may  authorize  the  use  of  voting  machiues  at  city  elections 597 

CITY   OFFICERS: 

removal  of,  for  certain  reasons,  by  whom 484 

petitions  for   recall   of,   to  be  filed   with   mayor 493 

what,    in    cities   of    fourtli    class   to   be    elected 538 

appointments  of  certain,  in  cities  of  fourth  class,  when  and  by   whom  made.  538-9 

terms    of,    oath    and    bond,    appointments    of,    etc 541-546 

CITY   POLITICAL   COMMITTEES: 

act  to  fix  term  of  members  of 062 

CIVIL    PROCESS: 

not  to  be  served   on   election  day 224 

CLASSIFICATION  : 

of  justices  of  the   peace,  in   case  of  no   previous  election 407 

in    new    townships 348-51 

in  case  of  election  to  fill  vacancies 452 

CLERKS   OF   ELECTION; 

how   may   register   name   on    election    day 97 

in   townships  and   cities 141 

duly  as  to  entering  names  on  poll  list 163 

to    compare   poll    lists,    etc 164 

use   of   liquors   by,    on    election   day 178 

compensation     of     363 

not  effective  until  ratified  by  electors 364 

rules,   etc.,  governing  conduct  of,   where  voting  machines  are  u.sed 607 


INDEX.  286 


COLUMBUS  DAY:  St-itlons. 

designated    as    a    legal    Iiolidav 061 

rOMMISSIONER   OF   HIGHWAYS: 

election   of.    term   of  office 30.">.   308.    30!) 

when  overseer   to  assume   duties  of H27 

deslenalion   of   persons   to    lill    vacancv    of,    on    ballol 335 

COMMITTEES  : 

state,   county    and  district,   to    forward    to  counly    eieclion   ctnuiiiissioners  \i'^- 

nette   and   names   of   candidates ItS 

political,   in  townships,   cities  and   villages,  duties  of 23- 

party,    to   designate    time  for    lioldinjr    primaries   in    cities 28.'i 

may   make  rules  as   to  registration   at  city  primaries 398 

COMMON   COUNCIL: 

to   provide  for   by   ordinance,   division  of  voting   precinct 142 

may    establish    central    polling   places ; 281-2 

appointment  by,   of   inspectors    of   election 282 

may  cause  political   parties  to  hold  primaries  at  same  time 293 

of  cities  under  15,000  may  enact  ordinance  as   to  conduit  of  primaries 300 

authority  of,   as  to   opening  and   closing  of  saloons  on  election   days 434 

in   fourth  class  cities,   may   divide   wards   into  precincts .529 

duty   as   to   board   of  registration 530 

when   may  provide  for   election   of  Iwo  aldermen    at   largo 537 

duty   as   to   elections,    notices,   etc 547-70 

when,    may    purchase    voting    machines 507 

COMPENSATION  : 

of  members  of  boards  of  registration 110.   279.    363 

of   gate   keepers 176 

of   sheriff  and   county   canvassers   for   election  services 222 

of   district    canvassers,    how   paid 22.3 

of  oiBcers    reijuired   to    appear    liefore   l)oard   of   state   canvassers 229 

of  board  of  counly   canvassers 240 

election    inspectors    to    receive 270 

to  members   of  board   of  registration    in    villages 283 

of  township   offlcers -363-5 

of  board  of  registration    in   fourth   class   cities 530 

in  fourth  class  cities,  of  inspectors  of  election 561 

of   village    election    inspectors 585 

CONGRESS  : 

petitions  for   recall   of  members   of,   to  be  filed   with    governor 493 

apportionment    of    representatives    in 639 

CONGRESSIONAL   DISTRICTS: 

division   of  state  into 639 

CONSTABLES: 

election   of,    term   of  offi<-e.   number   of 53,  305,    309 

duty    as  to   offenses    against    elections 384 

to  close  saloons,  etc.,  found  open   on   election  day,  and  report  to  prosecuting 

attorney     397, 434 

CONSTITUTIONAL    AMENDMENTS:       (see    amendments). 

CONSTITUTIONAL   PROVISIONS: 

relative    to    elections 1-82 

CONTESTED    ELECTION  : 

proceedings  in  case  of .» 237-9,  257-63 

CONTRIBUTIONS:  ^„„   ^„„ 

to  election  expenses,   to   whom   payable 422,  426 

not  to  be  made  by  corporations,  etc 425 

CONVENTION  : 

primaries  In   cities  for  choosing  delegates,   etc.,   to 283 

delegation  to  city  or  county,  vacancy,  how  filled 296 

unlawful    (or    delegate   to   solicit    money 297 

delegates  to,  elected  by  ballot,  in  case  of  tie,  etc 299 

of  political   parties,   act   to  protect  and  punish  offenses  at 399-407 

delegates  to,  or  primary,  certain  acts,  misdemeanor 402 

not  to   give  proxies 408 

vacancies   in   delegations   to   political,   how   filled 408 

penalty  tor  offering  and  soliciting  money  at  political 409-11 

CORNER: 

upper  right  hand,  on  front  side  of  ballot  to  be  perforated  and  numbered....  152 

perforated,    to   be   torn   off  by   inspector 163 

CORONERS:  ^^„ 

term  of  oHice,  when  elected,  to  give  bond 442 

vacancv   in  office  of,   how  and  when  may  be  tilled  temporarily 486 

CORPORATIONS  : 

not   to  contribute   to  election  expenses 42o 

CORRUPT   PRACTICES  : 

act   to  define   and   prevent 412-432 

COUNTIES: 

closing  of  polls  in,  where  all  precincts  use   voting  machines 143 

when  unorganized,   considered   organized  for  election  purposes 220 

when,  entitled   to   two   circuit   court  commissioners 453 

apportionment  of  state  senators  and   representatives  among 636-7 

COUNTY   CANVASS: 

of  votes    1  ^'';^z 

clerk   to   make  three   copies   of |i4.j 

original   copy,    where    filed -*•> 


286  INDEX. 


COUNTY   CANVASSER:  Sections 

compensation  of,  by  wliom    allowed,   etc ooo 

COUNTY   CANVASSERS:      (see  board  of  county    canvassers).  

COUNTY   CLERK: 

filing  of  initiative   or  referendum  petitions  witb 9 

list  of   electors,  election   inspector  to  file  with ,,',  89 

township  clerk    to  file  copy  of  rejrister  witb " []]  104 

duties  of,  as  to  special  election  to  fill  vacancy 135 

an    election     commissioner 147-8 

proof  copy  of  ballot,  when  to  be  filed  in  office  of . .  .  149 

impression  of  visnettc,  etc.,  when  filed   in  oflice  of 15b 

printed   instructions  to  voters,   duty  as  to 168 

tally   sheet   and   statement    of    canvass   forwarded    to I75 

poll  lists  to  be  delivered  to,  and   filed  by 184 

canvasser's    statement    to   be   filed   with 187 

duty   of,   on  receipt   of   district  canvass 189 

to    certify    persons    elected .'  190-1 

duty  of,  as  to  return  of  canvass  on  amendments '.  192 

to  be  member  of  board   of  district   canvassers [  193 

duty  of,   when   unable  to  attend   district  canvass 196 

to  furnish  secretary  of  state  copy  of  determination  of  district  canvassers....  199 

to    notify    persons    elected 199 

to  file  notice  of  vacancy  in  office  of  congressman 216 

to  notify  members  of  county  canvassers  of  election 240 

to  be  member  of  board  of  county  canvassers   240 

to  make  three  copies  of  county  canvass 245 

to   file   original 245 

to   furnish  secretary  of  state,   certified  copies  of  county  canvass 245-6 

penalty  for  neglect  of  duty  as  county  canvasser 247 

duty   of.    as   to  furnishing  blanks   for   making  election   returns 255 

return  of  names,  etc..  of  persons  elected  or  appointed  to  be  made  to 360 

duties  of,  under  act  limiting  election  expenses 415,  418.  419,  421 

.  term  of  office,  when  elected,  to  give  bond 438 

when,    to   transmit  to   secretary   of  state  certified   list  of  certain   officers....  440 

supervisor  to  notify,  of  vacancy  in  ofl3ce  of  treasurer  or  justice  of  the  peace  480 

removal   of,   when   and   by   whom 485 

vacancy  in  office  of,  may  be  filled  by  circuit  .iudge 488 

and    prosecuting   attorney    may    appoint    to    fill    vacancies    in    certain    county 

offices     488 

statement  of  vote  for  circuit  judge,    to  whom   sent,  etc 50.S 

papers  relating   to   incorporation  of  village  to  Ije   filed  with 575 

certificates  of  determination  of  village  election,   to  be  filed  with 591 

duty  of,    relative   to  voting  machines 604 

returns  of  vote  of  certain  officers  at  general  election  by,  when  and  to  whom  632 

election   returns   from   senatorial   districts  made  to 638 

duty    of,    when    presented    with    petition    to    submit    question    of    prohibiting 

liquor    traffic    in    county 642 

to  forward   to   secretary  of   state  transcript  of  resolution   of   prohibition....  652 

when  to  make  copy  of  poll  list,  fee  for 656 

COUNTY  COMMISSIONER   OF  SCHOOLS: 

to   be  elected   at  April   election,  term  of  office,  to  file  oath  and  bond 460 

eligibility   to  office   of 461 

vacancy  in   office  of,   how   and  by   whom  filled 462 

COUNTY  COMMITTEES: 

State,  district  and,  to  forward  to  county  election  commissioners,  vignette  and 

names   of  candidates    148 

COUNTY    DRAIN   COMMISSIONER: 

election  of,  oath,   bond,   term   of  office,   etc 465 

appointment    of,    to    fill    vacancy 465 

COUNTY   OFFICERS: 

election,    term    of    office,    etc 47, 49 

special    elections   of,   by    wlioni    ordered 126 

duty  of  sheriff  as  to  genera!   election  choosing    137 

statement  of  votes  for,   by   county  canvassers 185 

county  clerk  to  forward  list  of,  to  secretary  of  state 191 

proceedings  in   case  of  tie  vote  for 244 

oath    of  office,   bonds   of 446-47 

elected  at  general  election,  when  terms  of  office  to  commence 450 

inspector  of  mines,  when  elected,   term,  qualifications,   bond,  etc 467-472 

approval   of   bonds   of,    by    board    of  supervisors ■ 473 

when  judge  of  probate  or  circuit  court  judge  may  approve  bonds  of 473 

vacancy  in   office  of  certain,   how   filled 481 

removal    of   certain,    by    whom 482-4 

removal   and   appointment   of,    by   board   of   supervisors 491 

petitions   for  recall   of,   to    be    filed   with   probate   judge 493 

COUNTY   PUBLIC   HOSPITALS: 

ri'ferondum     on 473-4 

election    i«f   trustees    of 475-6 

COUNTY    RUAli   CO.M-\I1.'<SIONERS: 

election    of     463-404 

COUNTY  SURVEYOR : 

term  of  office,   when  elected,  to  give  bond 44o 

vacancy   in   office  of,   how   filled   temporarily 488 


INDEX.  287 


COUNTY  TICKET:  ScctlonR. 

order  or  arrnnnement , 150 

COUNTY  TREASURER :  

term  of  office,  when   elected,   to  give  bond 435 

vacancy   in  office  of.   liow  and  by  wliom  supplied .  .  .  ,  430 

to    file   bonds   given    bv    certain   county   officers 447 

COURT  OF  DOMESTIC  RELATIONS: 

election    of   judKe    of 451-45" 

COURTS: 

jurisdiction  of,   for  offenses  against   regislralion   laws t07 

proceedings  of,  in  cases  of  contested  election    2.'i8-ft 

having  charge  of  offenses  against  elections,  duly  as   lo  grand  jury 4R5 

of  record,  judges  of,  not  subject  to  recall ". S,  492 

D. 

DEATH : 

in    case   of,   etc.,    of   candidate : I53 

DELEGATES  : 

to   conventions,  primaries  in   cities,  for  choosing 283 

to  city  or  county  convention,  vacancies,   how  filled 296 

elected  to  city   or  county  convention   not  to  give  proxy 296,  408 

soliciting   of   money    by,    misdemeanor 297 

to   convention,   bow   elected,    ballots   in    case   of   tie,    etc 299 

penalty    for  soliciting   money  or  reward 409-11 

to    primary  or   convention,    certain   acts  a  misdemeanor 402 

caucuses  for  appointment  of,  to  conventions,  when  to  begin,  etc 407 

DEPOSITS: 

made  by  candidates  filing  petition  for  recount  of  ballots.  .228,  249,  251,  23G-7,  264,  206 
DEPUTY    STATE  HIGHWAY   COMMISSIONERS: 

appointment,     qualifieations,     etc 523 

DETERMINATION  : 

of  state  canvassers  to  be  published 214 

of  result  of  Section  of  circuit  judge,  by  whom  given 504 

of  state  canvassers  as  to  result  of  election  of  justices  of  supreme  court....  519 

of  council  in  fourth  class  cities  of  result  of  election 567 

DETROIT  CITY: 

section   relative   to   registration  not  to   apply   to 88 

DIRECT   NOMINATIONS: 

act   relative   to 663-712 

DIRECTOR : 

of   corporation,    not   to   contribute    to   election   expenses 425 

DISTRICT   CANVASS: 

of   votes    186-199 

duplicate  statement  of,  where  filed,   etc 189 

DISTRICT   CANVASSER: 

compensation   of,   how   paid 223 

DISTRICT    CANVASSERS:      (see   board    of  district    canvassers). 

DISTRICT    INSPECTORS   OP   ELECTION:      (see   also   inspectors   of   election). 

appointment  and  election  of,   in  townships  having  more  than   two   districts..  209 

duties   of,    as    to   canvassing   votes   in    districts 27.3 

DISTRICT  NO.    1: 

who   to   constitute  board   of  election    inspectors   in 209 

statements,   etc.,  relative  to  election  in  village  districts  to  be  deposited  with 

inspectors  of    273, 278 

election  inspectors  in   village,  of  whom  to  consist 277 

DISTRICT   NO.   2  : 

who   to    constitute   board   of  election   inspectors  in 269 

DISTRICTS.    ELECTION: 

division  of  townships  and  villages  into,  and  providing  for  registration 267-80 

DISTRICTS,    REPRESENTATIVE: 

counties  constituting  one,   returns   of,   where  made 636 

DISTRICTS.   SENATORIAL: 

apportionment   of   state   into   thirty-two 637 

DISTURBANCES: 

exciting,   at   election,   etc.,   misdemeanor 433 

DIVISION: 

of   election    districts 142 

of   township   into  election    districts 267 

DOMESTIC  RELATIONS,  COURT  OF:  .       ,, 

election    of   ludge    of 4.')l-452 

DRAIN   COMMISSIONER:      (see  county   drain    commissioner). 
DRAWING  LOTS: 

when   canvassers  may   deternaine  person  elected   by 1^8 

DRUNKENNESS  : 

cause  for  removal  from  office '° ' 

E. 

KI,i:i"ln>N    1:(I.M;D:      (sei-    inspectors  of  ibM  lionl. 

ELKi'TlON   ('uM.M1S.S|OM:I!S  :      iscc  lu.ard   uf  I'h-cii.in   commissioners). 

ELEl'TION  DAY  : 

registration    of    names    on 17a 

bringing  of  liquors  into  polling  place  on,  penalty l'** 


288  INDEX. 


KLECTION  DAY — Con.  Sect  ions. 

civil   process   not    lo   be   served    on 224 

penalty  for  sale  ot  liquor  on 397-8 

saloons,  etc.,  to  ho  closed  on.  aiTcsts,  penalty,  etc 434 

KI.ECTION  DISTRICTS: 

division    of.    proceedinj^'s.    how    troverned 142 

in   cities,   council   to   provide  by  ordinance 142 

when    township    may    ho    divided    into 267 

boundaries,    etc..    of.    entered    on    record    of    township   board 268 

notice   of  first    election   or  township  meeting,   when   siven 268 

who   to   constitute   hoard   of   election   inspectors   in   different 269 

registration     of     electors     in 272 

canvass  of  votes   in,   by   whom   statement,   etc.,  to  be  made 273 

time    of  meeting   of  electors   in,    to   transact  business   and    canvass   votes....  274 

division    of   village   into 275-6 

election   inspectors  in   village,   of   whom   to  consist 277 

when    township    board   may   abolish    division    of  township    into 280 

each   ward    in   fourth    class   cities,    when   to    be 533 

using  voting  machines   may   dispense  with  ballot  clerks  and  gate  keepers.  .  .  .  606 

ELECTION   EX.\MINERS  : 

duty  of,  as  to  recount  of  ballots  in  contest  of  election 260 

boai-d  of.  of  whom   to   consist,   how  selected    262 

ELECTION    EXPENSES: 

legitimate     390 

ELECTION   INSPECTORS:       (see    inspectors   of   electionl. 

ELECTION  RETURNS : 

of    the    various    representative    districts,    wlicre    made 636 

of  the  senalorial   districts,   where   made 638 

ELECTION  : 

of  members  of  legislature,   when   hold 20 

of    justices    of    the    peace 43 

of  circuit  judges,    providing  for.   canvass  of   voles,    etc 39,    498-50.^ 

of  probate  judge,  when    held 42,  438 

of    electors   for  president,   etc.,   when   held 129,  217 

candidate  for.   not  to  furnish   oritertainment,   etc.,   to   voters 180 

county  clerk  to  notify  per.sons  of 190 

of    county    canvassers,    when    and    by    whom 240 

when   notice    of   lirst,    in   election    districts    to   bo   given 268 

manner  of,  of  election  inspectors  in  townships  having  uioro  than  two  districts  269 

notice    of   first,    in    village   districts,    when    given 277 

of    delegates    to    convention,    ballot,    tie,    etc 299 

notice   of,   to   township   office,    when   transmitted    by   clerk 345 

of    candidate    who    commits    bribery,    void 395 

of    county    treasurer    435 

of    couutv    clerk 439 

of   sheriff    441 

of    coroners    442 

of    register    of   deeds 443 

of   county  surveyor 445 

of  circuit  court  commissioner,  term  of  office,   etc 453 

of  county  commissioners  of  schools 460 

in    Chippewa   and    Lake    counties 460 

of  county  drain   commissioner  by  board  of  supervisors 463 

notice  of,    to    fill    vacancy   of  county  officers 491 

of  regents,    canvass   of   votes,   statements,    etc 506-9 

justices  of  supreme  court,   canvass,   vacancy,   etc 512-19 

of  U.   S.  senator,   act  relative  to 520-22 

in  cities  of  fourth   class,   what  officers  to  be  elected  at 540 

in   incorporated    villages,   when   annual,    held 583 

ELECTIONS  : 

for   provisions  of   U.    S.    constitution    relative  to,    see    appendix. 

who  entitled  to  vote  at 1 

proceedings    relative    to    registration,    etc 84-113 

illegal  votiug   at.    penalty   for 99 

notice    of,    to    fill    vacancy    in   certain    offices 131 

duty   of   sheriff   as  to   notifications   of 136 

duties  of  township  clerks  or  inspectors  as  (o  notifications  of 138 

election   inspectors  to   keep   order,    etc.,    at 162 

canvass  of  votes,   how  conducted,  void  ballots,   etc 173 

gate  keepers,  powers  and  duties  at 176 

not  to  be  held  in  saloons,  changing  of  polling  place 177 

intoxicating  liquors,  penalty  for  bringing,  into  polling  place 178 

general,    penalty   for    violating  provisions   of 181 

general,  opening  and   closing  of  polls   in  cities  and  townships 182 

where   unorganized   counties   considered   organized   for  purposes   of 220 

proceedings  in  cases  of  contested 237-9,  257-63 

in    what   manner,    conducted   by   election   inspectors 270 

first,    in    new   townships 271 

penalty    for   neglect    ot   officers   to   perform   duties,    etc 272 

canvass   of  votes  at,   in   districts  and   townships 273 

Illegal  voting  at.  penalty  for 274 

manner  of  conducting,  in  village  districts 278 

in  townships  where  division  into  districts  has  been  abolished,  how  conducted  280 

act  relative   to   holding  of  primaries   in   cities 283-304 


INDEX.  289 

ELECTIONS— Con.  .Sections. 

ballot  boxes,   seals,    etc..   penalty   for  violation 383 

bettingc.    sellinc:   pools,    bribery,    etc 386-91 

primary,  act  to  protect  and  punish  olTenses  at 399-407 

in  cities   of  the  fourth  class  : 

electors  in.  wards  may  be  divided   into  precincts R2S-0 

.innual   city,   wlien   held.   etc..  special iin.^-.'iS 

notice,    openins    of    polls,    inspectors,    etc .'i.'57-fiOl 

manner  of  couductinff,  result,   in   case   of  tie .'>02-.'>70 

first,   in    viiiafxe.   to  be   tixed   by   supervisors 575 

annual,   in   viilaffes.   when    held 583 

special,    how    appointed,    when    held 584 

villaRe.   manner  of  conductins 589 

who   mav  authorize  the  use  of  votinpr  machines  at  township,  city  or  village..  597 

ELECTIONS,   GENERAL: 

state    officers    elected    at,    term   of   office 23, 6B 

words,   how   construed 83 

when    held    122 

when  secretary  of  state  to  give  notice  relative  to 132-3 

notice    of.    choosing    county    officers > 1 37 

duties   of  township   clerks  or  Inspectors  as  to   notices  of 138 

inspectors    at.    who    to   constitute,    oath,    etc 139.  141 

division   of  township    into   districts   to   be   made  twenty   days  before   first....  267 

returns  of  vote  of  certain  officers  east   at,   when,    to  and  liv   whom   made....  632 

ELECTIONS.   MUNICIPAL  : 

manner    of    conducting 331-33 

ELECTIONS.  PRIMARY: 

general    law     663-712 

ELECTIONS.    SPECIAL: 

registration  board,  meetings,  etc.,  in  cities  and   townships 88,  95 

in   what   cases,   may   lie   held 123 

when,   not   to  be   held 125 

when,  to  be  ordered  by  board  of  supervisors 126 

how    conducted    127 

relative  to   vacancies,  when   secretary  of  state  to    notify  sheriffs 134 

duties  of  board  of  supervisors  and  county  clerii  as  to 135 

canvass   of    votes    on    constitutional    amendments    at 192 

canvass  of,    to  till  vacancy  in  office  of  stati'  senator  or  representative 253 

In  fourth  class  cities,  how  called  and  by   whom,   etc 550-57 

ELECTIONS,   TOWNSHIP: 

manner  of   conducting 231-33 

ELECTIONS,    VILLAGE: 

duty  of  inspectors  at  first,   as  to  registration 10.5 

township   clerk   to   furnish   list  of  electors   at   first 105 

council   to  determine  result   of 591 

ELECTION    SEAL: 

wlio   to   have  charge   of,   etc 174 

ELECTIVE  OFFICERS: 

resignations   of,   how   and  to  whom   made 478 

provisions    for    recall    of S.  492-497 

ELECTORS : 

qualifications   of    1 

privilege   of,   from    arrest 5 

registration   of.   act   relative  to 84-113 

challenge    of    vote    by 98 

actual    residence   of.   in   township,   etc.,    condition   of   registration 100 

may   demand    certified   copy   of   register   of    electors 102 

penalty   for    fraudulent   registration   by 106 

number  of.  to  be  recorded  by  secretary  of  state 109 

re-registration  of,  in  Wayne  county 113 

proceedings    when,    are   challenged,    oaths,    etc 161-2 

manner  of  voting  by,  straight  and  split  tickets,  folding  of  ballot,  etc 163 

voting  by,    incapable   of   marking   ballot    169 

proceedings,  if,  vote  for  more  than  one  person 172 

spoiled    ballot    172 

limit  of  time,  may  remain  in  booth 179 

candidate  not  to   furnish   entertainment,   etc.,   to 180 

penalty    for    obstructing,    etc 181 

duty    of   inspectors    when,    are   challenged 235-6 

to  vote   in  districts   in   which   they  reside 271 

registration   of,   in    districts 272 

district   register   of,   where    deposited 273 

time  of  district   meeting  of,  to  transact  business  and  canvass   votes 274 

registration  of.   in  villages 279 

qualification    of.    at    school    meetings 373 

bribery   of.   penalty    for    attempt 380 

not  qualified  to  vote,   penalty  for  Illegal  voting 381-2 

penalty    for    o9:ering    position,    etc.,    to,    for    vote 389-91 

penalty   for  threatening  to  discharge,   to    influence  vote 393 

at    primaries,    challenge    of    vote,    when    received,    etc 400 

qualifications   of,    to   vote   at   primary   election 404 

in  fourth  class  cities,  who  deemed  to  be,  residence,  etc 529 

registration   of,    board,    notices,    etc 530-35 

unable   to   vote   Intelligently,   by  whom   and   how  assisted 610 

37 


290  INDEX. 


ELIGIBILITY :  Sections. 

of   gate   keepers    17G 

to   vote   at    city   primaries 289 

to   office  in  townships 372 

EMPLOYE  : 

state,   not   deemed   to   have    lost   residence 1 

threatening    to   discharge,    to    Influence    vote,    penalty 394 

political  matter  not  to  be  inclosed  in  pay  envelopes  of 426 

EMPLOYMENT  : 

promise    of.    for    vote,    bribery 389 

ENTERTAINMENT  : 

candidate  for  election  not   to  furnish,  etc 180 

ERASING   OF   NAMES: 

on    ballots    163 

ERRORS ; 

in   proof  ballot,  by  whom  corrected 149 

proceedings  for  correction  of,  etc.,  in  canvass,  etc.,  made  by  inspectors 256 

EXPENSES  : 

of   board   of   registration    in    cities,    how   paid,    etc 85 

election,     legitimate 390 

etc.,   for  refreshments  to  corrupt  voter,  unlawful   for  candidate  to  pay 392 

of  state   highway  commissioner,  how  paid 523 

F. 
FEES: 

of  clerk   for   making  copy  of  register  of   electors 102 

officer  not  to  receive  before  filing  statement  of  election  expenses 416 

FELONY : 

violation  of  general   election   law  a 181 

FEMALE  : 

when,  may  hold   office  of  school   inspector 372 

when    may    vote 4.  374-77 

FENCE : 

or  railing  to  be  erected  in  voting  room,   who  to  provide  and  erect 158 

FIRST   TOWNSHIP    MEETING: 

in    new    township,    inspectors,    etc 378 

FOLDING   OF  BALLOT: 

manner    of    1G3, 333 

FOREIGN  LANGUAGE: 

when    instructions    to   voters   printed    in 168 

FOURTH    CLASS  CITIES:      (see   cities  of  the  fourth  class). 
FRAUD : 

petition   of  candidate  for  correction  of,  in   canvass 249 

proceedings  for  correction  of,  etc.,  in  canvass,  etc.,  made  by  inspectors 256 

G. 

GATE  KEEPERS: 

In   voting  room,   how  appointed,  duties,   oath,   etc 108 

of   elections,   powers,    duties,    eligibility,    etc.,    of 176 

may   be  dispensed  with   in  election  districts  using  voting  machines 606 

GATES,    ENTRANCE   AND   EXIT: 

to  be  erected  In  fence,  etc.,  in  voting  room,  keepers  of,  how  appointed,  duties, 

etc           158 

GOVERNOR:  „^   ^„„ 

to  fill   vacancies  in  state  offices 25,  490 

eligibility    to    office   of 28 

to  certify  names  of  presidential   electors  to  secretary  of  state  of  U.  S 219 

county   clerk  to  send  copy  of  county  canvass  to 245 

limit  "of  nomination   expenses   of  candidate  for 412 

to  fill  vacancy  in  office  of  circuit  court  commissioner 458 

to  fill  vacancy   in  oBice  of  mine   inspector 470 

resignation    of,    to    whom    tendered 47° 

to  fill  vacancy  caused  by  resignation  of  appointive  officer 478 

may  remove  officers  for   certain   reasons 484 

when,   may  remove  certain  officers   collecting  public  moneys 486 

vacancy  in  office  of  Justice  of  supreme  court,   filled   by 515 

to  certify  election  of  U.   S.  senator  to  president  of  U.    S.  senate 522 

to   appoint   state   highway    commissioner 523 

report   of   state  highway    commissioner    to 52;$ 

H. 

HANDBILLS:                                                                                               ^.,  .^  ^  .„ 

certain    political,    containing   false   statements,    etc.,    prohibited «^o 

not   to  be  posted   by  employers *2o 

HOLIDAYS  :  ,„  „, 

days   designated   as   legal ooy-oi 

HOSPITAL,  COUNTY  PUBLIC  : 

referendum    on    atX  dia 

election    of  trustees   of 470-4(0 

I. 

IDENTIFICATION :  . 

of   ballot   of   unqualified   elector -ao-o 


INDEX.  291 


ILLEGAL  VOTING:  Sections 

penalty     for 00.  tiSi 

INFLUENCING    OP  VOTER  ; 

unlawful,    at  polling  place 170 

at  city  primaries    205 

penalty  tor  attempted 380 

INITIALS: 

inspector  to  place,  on   ballot 159 

ballot  to  be  folded  so  as  to  show,  of  inspector 163 

ballots   not    having,   declared   void 173 

INITIATIVE  : 

reservation  to  people  of  right  of 9 

what  laws  not  to  be   enacted  by 9 

proceedings   to   carry   out 9 

effect   of    9 

proposal    ot   constitutional    amendments   by 78 

INSPECTION  : 

of  proof   ballot   by   election   commissioners,   errors  corrected 149 

when   proof  copy  of   ballots  open   for 233 

proviso   as  to.  of  ballot  in  contested  elections 237 

INSPECTOR   OF   MINES: 

when    elected,    term,    qualifications,    bond,    etc 467-476 

appointment   of  deputies 476 

INSPECTORS   OF  ELECTION:, 

in  cities,  duty  as  to  filing  list  of  electors  with  county  clerk 80 

when   city   clerk   to   deliver   register    to 91 

how   may   register  names   on   election  day 97 

when   township  clerk    to  deliver  register  of  electors  to 97 

duty  of,  on  challenge  of  vote. 98,   161-2,   235 

penalty   for,  receiving  unlawful   vote 99 

at   first    village   election,    duty    of 105 

in  new  townships  to  constitute  board  of  registration 114 

duty    of,    as    to   notification   of   election 138 

candidates   for   office  not   to   act   as 139 

who   to  constitute,  oath,   etc 139-41 

when,    chosen   viva   voce 140 

to  cause  proclamation  to  be  made  on  opening  and  closing  ot  polls 143,331 

noon    adjournment    iu    townships,   duty    of,   as   to 143 

when  to  designate  one  of  own   number  chairman 146 

when  fully   organized,   may  open  package   containing  ballots 158 

to  give   receipt  on  delivery  ot   ballots,  etc 158 

duty  of  chairman  of,   to  procure  ballots,   etc 158 

when   none   of  board  of,   appear  at  county  clerk's   otHce,   ballots  may   be  dis- 
patched  by   special    messenger 157 

at  opening  of  polls,    to  appoint  gate  keepers 158 

delivering  ballots  to  have  at  all  times  in  hand  twenty-flve  signed  ballots....  150 

■    one.   designated    to    mark    initials   on   ballot 159 

package  containing  official    ballots   to  be  opened   in   presence  of 159 

number  of  ballots  delivered  to,  at  opening  of  the  polls 159 

to    protect    challenger    in    discharge    of   duty 160 

one   of,  to  deliver  ballot  to  voter 163 

initials    of,    to    show    when    ballot    is    folded 163 

duty   of,    on    receiving  marked  ballot,   tear  off   corner,   etc 163 

key,   seal,   etc.,    to   be  delivered   to   members   of 165 

returning   and   opening   of   ballot   box 168 

distribution    of    ballots   by 187 

duties   of.   and  challengers  as  to   assisting  certain  voters 169,616 

unlawful    to   influence  voter 170 

duty    as    to    unused    and    spoiled    ballots 172 

board   of,   duty,   etc.,   as  to   canvass  of  votes 173 

chairman  of,  to  have  charge  of  keys  of  ballot  box 174 

canvass   of  votes,   duty  as   to  statement,   etc 176 

not  to  hold   election  in  saloons,  etc.,  changing  of  polls 177 

penalty  for  use  of  liquors,  or  intoxication  of,  at  polls 178 

regulations  as   to  time  voter  may   remain   in   booth 179 

duty  of,  as  to  canvassing,  etc.,  of  votes  on   constitutional  amendments 183 

board  of  state  inspectors  may  require,  to  appear 229 

to  place   number   before  name  of   each   voter 234 

appointment  and   election  of,  in  townships   having  more  than  two  districts.  .  269 

who    to    constitute    board    of,    in    different    election    districts 260 

duties,    powers   and    compensation    of 270,  3G3-4 

duties    of,   as   to   canvassing   votes   in    districts 273 

duties  of,  as  to   consolidation   of  reports  from  district  meetings 274 

in   villages,    who   to   be.    compensation,   etc 277,  085 

duties  of,  as  to  conducting  elections  in  village  districts 278 

at   primaries  in  cities,   who  lo   compose,    vacancy,   etc 281 

duty   as   to   challenged   voters 289 

duty    as   to   registering   voter 298 

duty  as  to  election  ot  delegates  to  convention  in  case  of  tie 290 

appointment   of,    for   central   polling  places 282 

when   majority   of,    m.'iy   adjourn    township    meeting,   proclamation    and    notice, 

etc 312,  313 

at   annual   township   meetings,    same  as  at  general   elections 328 

in  absence  of  town  clerk,  to  appoint   clerk  of  meeting,   oath,   etc 330 


292  INDEX. 


INSPECTORS  OP  ELECTION — Con.  Sections. 

authority    to    preserve    order,    etc 336 

to    make   certified   statement   of   canvass 341-2 

to   determine  choice  by  lot   when   candidates  receive  equal   number  of  votes..  343 

of   first    township    meeting,    duty,    etc 378 

duty    as    to   offenses   against   elections 384 

at    primaries,    certain    acts   of,    a    misdemeanor 401 

duty  of,  as  to  election,  canvass,  etc.,  of  circuit  Judges 499 

regents  of  universit.v,  duty  as  to  election  of 508 

dut.y  as  to   election   of  supreme   court  justices,   canvass,   etc 516 

in   cities  of  the  fourth   class,   notices  of  special   election  delivered  to 557 

proclamation    of   opening    and    closing   of    polls 560 

who   to    constitute,    etc 561 

chairman  and   clerk,   etc 562 

in   villages,   to  cause  proclamation   made  at   polls  at  election  in 588 

duty  of.    at  elections   in.   canvass   of  votes,  etc 591 

to   receive*  instruction   relative   to    operation   of  voting   machines 605 

rules,    etc.,    governing   conduct    of.    etc.,    where   voting   machines   are   used....  607 

duties  of,  as  to  Instructions   to  voters  and  time  voters  may  remain  in   booth.  612 

duty  of,   in  assisting   elector  where   voting  machine   used 615 

statements  relative  to  proposed  amendments,  etc.,  posted  by,  in  polling  places  634 

copy  of  order  for  local  option  election,  to  be  sent  to 645 

INSPECTORS  OP  PRIMARIES: 

in    cities,   election   of,    vacancy,   etc 288 

INSTRUCTION  BALLOT: 

printed  on   red,  etc.,  papers,  who  may  procure  for  circulation 1S4 

INSTRUCTIONS: 

to  voters,  form  of  ballot 152 

printed,  who  to  furnish,   where  hung,   etc ; 168 

in   foreign   language 168 

for  voters  as  to  voting  machines  to  be  placed  In  booths,  when  and  by  whom .  607 

personal,   how  and  by  whom   given   where  voting  machines  are  used 615 

INTERPRETER: 

board    of    registration    may    employ jot 

election  of  additional,  in   certain  counties 438 

J. 

JUDGE  OP  PROBATE: 

when    elected     *2 

an    election    commissioner.    I'hairman 147 

statement   of   election  sent   by  mail  in   care  of 175 

when   member   of   board   of    district   canvassers 193 

petition   by   candidate   intending  to   contest   election   made   to 257 

duty  of,  relative  to  contest  of  election 259 

term   of  office,    when    elected 438 

certain    counties   may    have    more    than    one 43S 

may  appoint  person   to  fill  office  of  register  of  deeds  in  case  of  vacancy,  etc.  -«4 

when   may   approve  county   officers'   bonds 477 

certain    recall    petitions    to    be    filed    with 493 

JUDGES:                                                                           „  a    .„„ 

of  courts   of  record,   not  subject  to   recall ie,  o 

of  domestic     courts,  election  of , ct-Vj 

of   police    courts   in   certain   cities,   election   of o7o-4 

JUDICIAL  CIRCUITS:                                         .       ,          .  40R 'sn'i 

circuit  judges,  election  of.  canvass  of  votes,  etc 4.js-duo 

JUSTICES  OF  SUPREME  COURT: 

number    of,    and   term   of   office ^       ^°' 

when  elected,   vacancy,   term,  canvass   of  votes,  etc .iiz-.iiJ 

JUSTICES  OF  THE  PEACE:           ,   ,»  „     ,                                              a->  onn   ,07 

election  of,   term  of  office,  vacanc.v,   classiflcatlon,  etc 4,i,  .ilio,  .mi_ 

may  be  appointed  to  fill   vacancy   in   registration   board »g 

when    to   constitute   member   of  board   of  registration a^ 

to   act    as    inspectors    of    election ;^°° 

when  to  serve   on  board   of  registration "'| 

bond   and   oath   of ;  •  ;,■  1 sal 

designation  of  persons  to  fill  vacancy  of,  on  ballot 00^ 

when,  to  enter  upon   their  duties ^J° 

when   office   of,   deemed   vacated • . ; qi«  jA 

classiflcatlon   of,    In    new   townships,    manner   of   deciding. ito 

in  case  of  election  to  fill  vacancies,  manner  of  deciding ^»^ 

resignation    of.    how    made,    where    filed ............. VV«;;o'ofV  9fi1 

town  clerk  to  give  notice  to  county  clerk,  of  election  of,  term  of  office,  etc..  rfbi 

duty   as   to   offenses    against   elections. .^  .  ■  —  ■■  -^-^ ^Iq 


supervisor  to  notify   county  clerk   of  vacancy  in  oflJce  of 480 

removal  of,   for  certain  reasons,  by  whom .  . .  . ^°* 

two    to   be   elected   at   first    election   in   cities  of  fourth  class »«" 

when,   in  cities   of  fourth   class  to  enter  upon   duties....... j- V,  •■,•••;  •'  ,;  .r  c 

in  cities  of  fourth  class,  when  and  how  to  take  oath  of  office  and  file  bond.  84D-t> 


KENT    COUNTY:                                                                         .-,   ,„  147 

board  of  election  conimi.ssioners  m,  who  to  constitute 


INDEX.  293 


KEY:  Sections. 

to  ballot  box,   who   to  provide,   etc 144-5 

to   whom    delivered 105-0.  174 

L. 

LAKE   COUNTY: 

county   commissioner  of  schools,   election   of,  etc 455 

LEGISLATURE: 

action    of.    on    initiative    petitions 9 

amendment  or  repeal  by.    of    laws  adopted  by   people 9 

when  may  rearrange  senatorial  districts  and   apportion   representatives 12 

election   of   members   of.   when    held 20 

in   case  of   tie  or   contested   vote,   duty    of 75 

list   of  members   of.   to   be   forwarded   to  secretar.y  of  state 191 

special    canvass   of   vote  to   fill   vacancy    in.   during  session   of 253 

penalty  for  attempt  to  corrupt  vote  of  member  of.   for  U.  S.  senator 396 

limit    of   election    expenses    of    member    of 412 

resignations  from,    how   and    to  whom    made. , 478 

petitions  for  recall  of  member  of.  to  be  filed  with  governor 493 

U.    S.    senator,    when   and    how   elected    by 527-9 

apportionment   of   representatives    in 636 

apportionment    of   senators   in 637 

LIEUTENANT  GOVERNOR : 

in   case  of  tie  vote  for,  legislature  to  choose 75 

limit    of   election    expenses    of   candidate    for 412 

resignation  of,  to  whom  tendered 478 

LIQUORS : 

boards   of  registration    not   to    meet   where,    are   sold 120 

penalty  for  violation    121 

not   to  be  taken  into,  or  used   in   polling  place,   penalty,    etc 178 

penalty   for  sale   of,   on   election    da.v,   or   after  polls  close 397-8 

places  where,  sold,   etc.,   to  be  closed   on   election  days 434 

prohibition  of  sale  of,   in   counties 640-658 

LISTS  : 

of  names    for  registration,   duties   of  registration  board 84-113 

of  registration  in  cities,  board  to  sign  and  file 00 

of  presidential   electors,   when  and    to  whom   certified 219 

of  persons  voting  at  town  meeting,  to  be  kept  by  cleric 329 

LOCAL  OPTION: 

law  governing,   elections    640-658 

LOCKS : 

care    of    key,    etc 165-6 

on  ballot  boxes,  penalty  for  breaking,  etc 383 

LOT: 

drawing  by,  to  determine  election  of  county   officers,   etc 249 

in  case  of  tie,  village  council  to  determine  by 592 

M. 

MANNER  OP  VOTING: 

marking   and    folding    of   ballots 163 

MARKING    OF   BALLOTS': 

section    relative    to 163 

MAYOR : 

petitions  for  recall  of  city  officers   to  be  filed  with 493 

petitions  for  recall  of,  to   be  filed  with   city   clerk 403 

MEETINGS: 

of  board  of  registration  in  cities  and   townships 88,  95 

time  and  place   of,   of  board  of  district  canvassers 196 

of  board   of   county   canvassers 242 

for   registration   of   electors,   how   often    held 272 

district,    notice    and    time    of    holding 272 

of  electors  to    transact  business  and  canvass  votes,   time  of 274 

MEMBERS : 

of    legislature,   limit   of  election    expenses   of 412 

of  congress,  petitions  for  recall  of,  where  filed 493 

of    political    committees,    term    of 662 

of   state  central   committees,   election  of 714 

term    of     716 

of   national    committees,    choice   of 718-25 

MESSENGER: 

when  special,  may  be  dispatched  with  ballots  to  voting  precinct 157 

to   file  receipt  and  affidavit  after  delivery  «(  ballots 157 

secretary  of  state  may  send  special,  for  statement  of  votes 203 

MILEAGE: 

of  officers  required  to  appear  before  board  of  state  canvassers 229 

MILITARY  DUTY  : 

elector  exempt  from,  on  day  of  election 6 

MISDEMEANOR: 

violation  of  registration  laws  deemed  a 108 

bringing  liquors,  etc.,  in  polling  place  a 178 

attempt  to  identify  ballot  of  elector  deemed  a 236 

when    clerk    of    county    canvassers    guilty    of 247 

to  solicit  money,  or  influence  voter  at  city  primaries 294-5 


294 


INDEX. 


MISDEMEANOR — Con.  Sections. 

for  delegate  to  convention  to  soiicit  candidate 297 

who  deemed  guilty  of.  as   to  offenses  against  primaries 399 

wlicn  candidate   or  delegate  guilty  of  a 409-11 

disturbance  at  election,  etc.,  a 433 

MONEY : 

offering  or  soliciting,  at  city  primaries  a  misdemeanor 294-5 

soliciting  of,  by  delegate  to  convention,  unlawful 297 

penalty  for   betting.   $100  more  or  less  upon  election 387-8 

refraining  to  vote  for,  or  receiving,    penalty 389-91 

delegate  at  primary  accepting,  guilty  of  misdemeanor 402 

penalty   for  soliciting  or  offering,  at  political   conventions 409-11 

MUNICIPAL   ELECTIONS: 

manner   of  conducting , 231-3 

N. 

NAMES: 

registration  of,  of  electors  in   cities  and  townships 88,  95 

registering  of,   on   election   day 91,  97 

not   entitled    to   registration    in    townships 96 

of  electors  dead  or  removed,  how   marked  on  register 101 

order  of  placement  of,  on  ballot  for  November  and  April  elections 152 

of  candidates,   when  and  bj'   whom   furnished  commissioners 233 

of  electors   transcribed  from   township  to  district  register 272 

and  addresses  of  persons  elected  or  appointed,  returned  to  county  clerlt 360 

NATIONAL  COMMITTEES  : 

act  for  expression  of  preferences  for  members  of 718-25 

NATURALIZATION  : 

of  aliens    (see   appendix). 

NEWSPAPERS  : 

notice  of  meeting  of   board  of  registration  to  be  published   in 89 

determination   of  district  canvassers   to  bo   published 199 

secretary  of  state  to  publish  certificates   of  election  In 214 

county    canvassers    to    publish    result    in 243 

duty  of   publishers  of,   as  to    political   advertisements 427 

statements  relative  to  proposed  amendments,  etc..  when  published  in 634 

NEW  TOWNSHIP: 

first  election  in,  place  of  meeting,  etc 378 

NOMINATION  : 

political,  act  to  prevent  betting  upon  result  of,  penalty,  etc 387-8 

of  candidates  for  local  offices,  caucuses,   when  to  begin,  etc 407 

of  candidates  for  police  justices  in  certain  cities 571 

NOMINATION  OF   PARTY  CANDIDATES: 

act    relative    to    direct - 663-712 

NOMINATION   AND   ELECTION   EXPENSES: 

act    to    regulate   and    limit 412-432 

limit    of    412 

legitimate    expenditures     414 

sworn  statements  of,  where  filed 415 

oatb   of  office    not  to   be   administered   until    statement   filed 416 

accounts  of,  open  to  inspection 417 

notice  of  failure  to  file  statements  of 418,  419 

prosecution    for   failure    to   file 419 

competency  of  witness  in  case  of  prosecution 420 

blank  forms   for  statements  of 421 

contributions    to,   to  whom   payable,    etc 422,  423 

corporations,   etc.,   not   to   contribute  to 425 

illegal,    penalty    for    incurring 429 

definition    of    terms    in    act    relative    to 430 

NOMINEE : 

of  two   parties,   to  give   notice   specifying  choice,    how  given 148 

for   ward   office,    how   elected,   etc.,    at   primaries 299 

names  of.  to  be  arranged,   etc.,  in  connection  with  voting  machines,  by  whom  601 

NOON  AD.IOURNMENT  : 

of    the   polls    in    townships 143 

in   townships,   certain  section    not   to   apply   to 182 

NOTICE  : 

board  of  registration  to  give 85 

boards  of  registration   in  cities  to  give,  of  meeting,  etc 88 

what   to   contain,   how  given,   etc 89 

of   registration    in    villages 95 

of  meeting  of  board  of  registration  in  new  townships 119 

of  election  to  fill  vacancy   in  certain  offices,  when  and  by  whom  given 131 

when  secretary   of  state   to   give,  relative  to   general   election 132-3 

from   sheriff  relative  to  elections,   what   to   contain 136 

of  holding  election,  when  given,  what  to  contain 137-8 

by  nominee   of   two  parties,   to    specify   choice,   how   given 148 

of  changing  of  polling  place,  how  and  by  whom  given 177 

of  vacancy  in   office  of  congressman,  to   whom  given,   etc 216 

of  filing  petition    for  recount  of  votes  canvassed  by  state  canvassers 229 

to   candidates    of   recount 250 

candidate  filing  petition  for  recount  of  ballots  to  give  opposing  candidate..  256 

of  divieiion  of  townships  into   election   districts,  posting  and   publication   of..  267 


INDEX.  295 


NOTICE — Con.  Sections. 

of  changing  election   districts,   wliat   to  contain,  wlien   posted 268 

wlien.  of  first   election   in  election   district  to   be  given 268 

of   meeting   for   registr.itlon   of   electors 272 

in    districts    272 

of  division  of  villagre  into  districts,   when  posted,  etc..  what   to  contain 275 

of  first  election   and   tirst  appointment  in   villajre  districts,   when   given 277 

of  time  for  holding  primaries   in  cities.  Ijy  whom    given 285 

of  special    township   meeting,   when    town    clerk   to   give 324 

as  to  classification  of  justices  in  new  townships,   when  and  by  whom  served. 

what   to   state    348 

of   first  township  meeting,   how  given,  etc 378 

of    holding    caucuses,    how    given,    etc 407 

of  failure  to   file  statement  of  election    expenses 418.  419 

of   political    nature,    not    to   be   inclosed   in    pa.v    envelopes 426 

of  vacancies   in    certain   state  and  county  offices,   when    given 481,491 

of  election    for  circuit   Judge 501 

of  registration  in  new  wards  in  fourth  class  cities 532 

of  special  election  in   fourth  class  cities,  by  whom  given,   contents,  etc 557 

of   first   registration    in    village 575 

of   subsequent    registrations    576 

of  village  election,  annual  or  special,  by  whom  and  when  given 586 

NOTIFICATION   OF    ELECTIONS  : 

when  secretary  of  state  to  give,  relative  to  filling  vacancy   in  certain   offices.  131 

of  state  officers,   etc..  when  and   by   whom  given 132-3 

relative  to  vacancies,   when  and  by  whom  given,  what  to  state 134 

,    to    fill    vacancies,    what    to    specify 135 

county   cleric  to   give 199 

secretary   of  state  to  make  and  deliver  to  persons 208-10 

NUMBER: 

on    ballot,    on    upper   right   hand    corner 152 

of  ballot  voted  to  correspond    to  same  on  poll    list 163 

Inspectors    to    place,    before    name   of    each    voter 234 

O. 

OATH :  „ 

constitutional,    form    of '3 

registration  board  may  require  applicant  to  tal<e 86 

of   elector   registering  on   election    day,   by    whom    given,   etc 97 

of    members   of    board   of   registration Ill 

of   inspectors   and   clerks  of   election 141,  222,  270 

of  gate  keepers  at  election tto'r^ 

tendered    to    challenged    voter 161,  287-8 

taken    by   person   appointed   on   board  of  registration 272 

of    justice    of    the    peace,    when    taken 307 

taken  by   township  otflcers,   with   whom    filed,   by  whom  certified,    etc 344 

of  office,  not  to  be  administered,  until   statement   of  expenses  filed 416 

of  office  by  certain   county  officers,  when  subscrilied,  with  whom  filed 446 

of   oflSce    of    circuit    court    commissioner 456 

county  commissioner   of  schools  to  file,  with  county  clerk 460 

of  office  of  state  highwav  commissioner 523 

OFFENSES:  .„_ 

against    registration    laws,   jurisdiction    of    courts    in ^  *^' 

against  election  laws,  penalties,  etc 379-85 

OFFICERS  :                                                                                                                                            „  ,„„  ,„, 

elective,  recall  of 8,  492-497 

to  be  elected    at   general   election 122 

county,   special   elections  of,   by   whom  ordered 126 

term   of  office  of  elective 225 

primaries   in  cities   for  choosing 283 

elected  at   town   meetings,   at  one  o'clock,  viva  voce  vote,   etc 837 

at  elections,    penalty   for  neglect  to   perform  duties,  etc 379 

penalty   for   betting  on   result  of   election   of 386 

when   certain    county,    to   give  bonds,    with    whom    deposited 447 

OPENING  :  ,  ^„ 

and   closing  of   polls   in   counties  where  all  precincts   have   voting  mnchincs..  143 

of   ballot   box    when    seal    broken,    etc ^^^oo 

and  closing  of  polls   in  cities  and  townships 182 

of  fourth    class 500 

OVERSEER  OF  HIGHWAYS  : 

election   of.   term   of  office,   number  of 53,  30o,  3 Jo 

appointment    of,    to    fill    vacancy 326 

when,    to   assume   duties   of    highway    commissioner 3-7 

when,   elected    at    township   meeting  to  file  notice   of  acceptance 345 

penalty   for  refusing   to   serve   as,    when    exempted    from    penalty 353 

P. 

PACKAGE:  ,,. 

containing  ballots,   how   wrapped,  tied,   sealed  and  delivered,   etc ljj|> 

containing   oflJclal    ballots,   when   and    how   opened 156,  l.>9 

PAMPHLETS  : 

number  of,  showing  result  of  votes  at   April   election,  by   whom    printed  and 

mailed     ""3 


296  INDEX. 


PARTY  ORGANIZATION:  Sections, 

committee   of,   may  direct  holding  of  primaries  in  cities  bv  voting  precincts  "84 

PARTY   PRIMARY: 

ward   or   precinct   failing  to   hold,    at   designated   time   not  to   be  represented 

at   election,   etc 284 

clerk   to  be   notified  of  time  of  holdinp; 092 

PARTY   REGISTRATION  : 

in   wards,   at   primaries   in    cities 033 

PARTY  TICKET: 

place  of.    on   ballot,    how    governed 152 

how  marked,  folded,  straight  ticket,  etc 163 

PASTERS : 

furnished  when  name  omitted  from  ballot 153 

PAY  ENVELOPES  : 

political  matter  not  to  be  inclosed  in 426 

PENALTY : 

for   making  false  statement  for  registration 86-7 

for   fraudulent  registration 94-7,  106.   108 

for    illegal   voting 99,  381 

for  false  entry  on  register  of  electors 101 

for    mutilating    register,    or    forging    name 103 

registration  boards  not  to  meet  where  liquors  are  sold,  for  violation 121 

for   interfering  with,  or  failure  to  provide  challengers  with    conveniences....  160 

of   challenged    elector    swearing   falsely 161 

for  bringing  liquors  into  or   using,   in  polling  place 178 

for  violation   of  provisions   of  general   election   law 181 

for   exposing   or    identifying   ballot    of  elector 236 

for   violation   of   act   by   board    of    county    canvassers 247-8 

for  violation  of  city  primary  act 303-4 

for  certain   township  officers   neglecting  to  qualify   or  refusing  to  serve 353 

for  disorderly  conduct  at  township  meetings 366-70 

for  wilful   neglect   of  duty   under   election   laws 379 

for   attempt   to   bribe   elector 380 

for  aiding,   procuring,  etc.,   unqualitied   voter 882 

for   violation    of  ballot   box 383 

for    betting,    etc.,    on    elections 386-8 

for    offering    position,    or    corrupting    voters,    etc 389-93 

for    sale,    etc.,    of   liquors   on    election    day 307,  413 

for  violation    of   act   for   protection    of  primaries 400-401 

for   violation   of   act.   relative   to   political   delegations 408-11 

for   causing   disturbance   at   election,    etc 412 

for   incurring   illegal   election   expenses,   etc 429 

PENCILS  : 

to   be  furnished   each  voting  precinct 155-6,  159 

PERFORATED  CORNER : 

of  ballot,    where  numbered,   etc 152 

when    torn    off,    initials    not    to    be    placed    on 1.59,  163 

PETITION  :  „    ^„„ 

for    recall    of   elective    officer 8,  493 

for    initiative    or   referendum 9 

for  recount  of   votes 226,  227,  264,  265 

in   case  of  contested  election,   what  to   state,   etc 238 

of  aggrieved   candidate,   when   and  where   filed 249 

for    corrections    of    canvass,    etc.,    when    and    to    whom    made,    etc..    what    to 

contain    256,  258 

to  submit   question,   of  prohibiting  liquor   traffic,    to  electors 642 

POLICE    COURTS:                                                                    .^.  ^,„  ^ 

election    of  Judges   and   clerks    of,    in   certain   cities 57*5-4 

POLICE  JUSTICES  : 

nomination    and    election    of,    in    certain    cities 5il-2 

POLITICAL    ADVERTISEMENTS  : 

duty  of  newspaper  publishers  as  to 427 

POLITICAL   COMMITTEES: 

in   townships,   cities   and   villages,   duties   of ^g2 

not  required    to  furnish   vignette 232 

when   to  furnish  names  of  candidates 2dd 

time   of  holding  primaries   in  cities   determined  by 285 

to    appoint    treasurer 413 

not   to  collect   or  receive  money  before  electing  treasurer 414 

lawful    expenditures   of 41* 

statement    of    expenditures    of 41& 

payment   of   contributions  to 42- 

not    to    disburse    money    received    from    anonymous   source 424 

corporations   not   to   contribute   to   expenses   of 4_5 

act   to   fix   term  of   members   of "fa- 

POLITICAL   CONVENTIONS:       (see  conventions). 

POLITICAL  NOTICES,   ETC.  : 

not    to   be   inclosed   in   pay   envelopes 4-" 

POLITICAL  PARTIES:         *                                            ...„.,.  ido 

state  committee  of,   to  prepare  and  adopt   vignette,  speciflcations  for 149 

place  of  candidates  of,   on   ticket IgS 

primaries  in  cities  for  choosing  candidates  of,  how  construed ^»| 

where   and  when    held -^4 

not  to   hold   primaries   in   cities   on   same  day — '■' 


INDEX.  297 


POLITICAL    r.VRTIES— Con.  Sections. 

act  to  protect  primary  elections  of.  and  punish  o£fcniies 398-406 

to   have  state  central  committees 713 

act   for  expression  of  preference   for  members    of   national   committees   of        '  718-7''6 
POLL   LISTS  : 

right  of  challenger  to  inspect 160 

clerks    to    compare 164 

to  be  placed  and  locked  in  ballot  box 165 

to  be  compared  before  canvass  is   made 173 

where    delivered    and    filed 184 

inspectors   to    number   name   of   each   voter   on 234 

when  may  be  produced  in   court 237 

for    each    district,    where    deposited <,  . .  .  273 

etc.,  used  at  election  in  village  districts,  when  and  where  deposited 278 

ballots  to   be   counted   and   compared   with 340 

at  local   option   election,   duty    of    inspectors   relative  to 648 

copy  of.    made  bv   town,    city  and  county  clerks,   compensation   for 656 

POLLING   PLACE: 

instructions  to  voters   hung   in ; 168 

unlawful   to  have,    in    saloon   or   bar  room,   changing  of 177 

time  of    meeting  of  electors  at,  of   district   to  transact  business,   etc 274 

at  primary   elections,   bow   may   be  arranged 406 

statements  relative   to  proposed   amendments,   etc..  to  be  posted  in,   by   whom  634 

central,    how    established    in    fourth    class    cities 281-2 

POLLS : 

opening  and  closing  of,  proclamation,   etc 143,  331 

noon    adjournment,    in    townships 143 

how   may    be   kept  open   until    .S    o'clock 143 

examination  of  ballot  box  before  opening  of 145 

canvass  of  votes  immediately    after  closing  of 173 

opening  and   closing  of,   in    townships  and   cities 182 

unlawful  to  sell   liquor   on  election  day  after,  close 398 

in  cities  of  fourth  class,  opening  and  closing,  proclamation,  etc 560 

opening   and   closing   of,   at   village   elections 588 

instructions   for    voters   as   to   voting    machines    to   be   placed    in    booth    before 

opening    of     607 

POSTED : 

notices   of    meeting    of   registration    board   in    cities    to   be 88,89 

notice   of  changing  of  polling  place   to  be 177 

notices    relative  to   division   of   townships    into   districts    to  be 267 

notices  relative  to  division  of  village  into  districts,  wlien  and  where 275 

notice   of   township   meeting   in    new    township 378 

POSTERS,    ETC.  : 

political,    containing    false    statements,    etc.,    prohibited 428 

POUND   MASTERS  : 

how    and    when    elected,    number    of,    term   of  office 309 

when,   elected    at    township   meeting   to   file  notice  of  acceptance 345 

penalty   for  refusing  to    serve  as,   when   exempted  from,  penalty 353 

PRECINCTS  : 

voting,    when   may  be  divided,   proceedings,   how  governed 142 

In    cities,   council   to  provide   by  ordinance 142 

opening   and   closing  of  polls   in   counties   where  all.    have   voting   machines.  .  143 

chairman   in  each  voting,  to  procure  ballots,   etc..   from   county  clerk 156 

inspectors   of.   number    "one,"    duties   of,    as   to    consolidation    of   reports   from 

districts     274 

when   village   may  be   divided  into 595 

PRESIDENTIAL    ELECTORS: 

election   of,    when    held 129, 217 

statement  of  votes  for,  by  county  canva.ssers 185 

when   state  board    to   canvass   votes   for 209 

number  of.  state   entitled   to 217 

vacancy   in  office  of.   how   filled 218 

when   and    where  to   convene 218 

list  of,  to  be  certified  by  governor  to  secretary  of  state  of  the  U.  S 219 

how  arranged  on  voting  machines,  etc 598 

PRIMARIES: 

in  cities   of   over  l.'J.OOO  and  under   l.")0,000,  act  relative   to 2S3-304 

word,    how    construed,    etc 2S3, 30:t 

where    held,    etc 284 

time  of  holding,  by  whom   determined,  notices,  etc 285 

booths,    who    to    provide 286 

time   of    holding    287 

who  to  preside  at,   inspectors,   who  may  vote  at,  etc 288-290 

no   two    parties   to   hold,   on  same  day,   duly   of   chairman 892 

council  may  cause  political  parties  to  hold,   at  certain   time 393 

misdemeanor    to    solicit   money,    influence    voter,    hire    carriage,   etc....  294-5 

proxies  not  to   be   given   by    delegates,    how   elected 296,299 

registration    of    voters 298 

how  cities  of  less  than   l.i.OOd   may   conduct 300 

acts  to  remain   in  force,  penalties   for  violation  of  acts 301-4 

ballots   at,   destroying,   etc.,  of,   misdemeanor 399 

oath   of    Inspectors,    challenge  of   voters,    etc 400 

certain    acts   of   inspectors    at,    a    misdemeanor 401 

delegates,    certain    acts    a    misdemeanor 402 


298  INDEX. 


PRIMARIES — Con.  Sections. 

who  may  vote  at  any 404 

not  to   be  held   in   saloons,   etc..  polling  places 406 

when  to  begin,  notice,  etc.,   manner  of  voting,  etc 407 

PRIMARY  ELECTION  LAW: 

for    nomination    of    candidates,    etc 6C3-712 

PRIMARY   ELECTIONS  : 

recoimt  of,   by  board  of  state   canvassers 230 

act  to   protect   and    punish   offenses    committed   at 309-407 

use    of   voting    machines    at,    authorized 621-26 

PRINTED   INSTRUCTIONS  : 

to  voters,   who  to  furnish,   languages,   etc 168 

PRINTER  : 

unlawful  for,   to  print  ballot  in  other   form,  etc.,   than  prescribed 154 

PROBATE  .JUDGE:      (see  judge  of  probate). 

PROCLAMATION  : 

to  be   made  on   opening   and   closing  of   polls 143,  330,  588 

of  changing  of  polling  place  to  be  given 177 

to  be  made   on   change   or  ad,iournment   of   township   meeting 313 

of  opening  and  closing  of  polls  in  fourth  class  cities 560 

PROOF   COPY: 

of  ballot,   when   placed   on   inspection 233 

PROSECUTING   ATTORNEY: 

election   of,   term    of  office 47 

arrests  for  offenses  against  elections  reported  to 384 

to  be  notifled  of   failure  by   candidate  to  flle  statement  of  expenses 419 

duty  of,   upon  receiving  notice    419 

commission   of,   appointed   by  governor  to  be   transmitted  to  county   clerk....  448 

vacancy  in  office  of,   may  be   filled  by  circuit  .ludge 488 

and    county  clerk   may   appoint   to   fill  vacancies  in    certain   county   offices 488 

PROXY : 

delegates  to  political  conventions  not  to  give 296,  408 

PUBLIC    HOSPITAL,    COUNTY: 

referendum    on    473-4 

election    of    trustees    of v 475-6 

PUBLICATION  : 

of  certificate  of  election  by  secretary  of  state 214 

of  notice  of  divi.sion  of  township  info  election  districts 267 

of  notices  relative  to  division  of  village  into  districts,  when  and  where 275 

political,  containing  false  statements,  etc.,  prohibited 428 

of  statement  relative  to  proposed  amendments,  etc.,  how  and  by  whom  made  634 

PUBLISHER: 

of  newspaper,   duty    of,    as   to   political   advertisements 427 

Q. 

QUALIFICATIONS  : 

of   electors    1,4 

of   electors  for  registration    in  new   townships 116 

issue  formed   to  determine,  of  elector 2S8 

of  voters  and  officers   in   townships 371 

of  electors   at  school   meetings 373 

penalty    for  swearing  falsol.v  as   to,   at    primaries 400 

to   vote   at    primary    election 404 

of  circuit   court   commissioner 455 

necessary  for  holding  office  of  county  commissioner  of  schools 461 

for    office    ^'82 

of  electors  at  local  option  election,  re.gistration,   etc 647 

QUORUM: 

of  board  of  election   commissioners 147 

when  township   board   reduced   below,   or  disorganized,   etc 319 

R. 
RAILING  : 

or  fence   to   be   erected   in    voting   room,   who    to   provide   and    erect 158 

ballots   not  to  be  given  on  outside  of 1^7 

at  elections,  duty  of  gate  keepers  as  to  admitting  voters 1"6 

RECALL : 

of  elective  officers,   constitutional   provisions 8 

act    to    provide    for *      loo 

who    subject    to un- 
filing of   petitions   for 493 

when  election   for,  to  be  held f 51 

form   of  ballot    for 494 

canvass  of  votes  cast   on 495 

result  of  majority  of  votes  for 492 

officer  may  be  candidate  for  election  on 49o 

nomination    of    other    candidates 495 

who  deemed  elected  on 495 

limitation  of  petitions  for 49b 

how    nominations   and   elections   for,    governed 497 

RECEIPT  : 

inspector  of  election  to  give,  on  delivery  of  ballots,  etc 158 

person    receiving  ballots   from   special   messenger  to  give,  where  filed 157 

for   unused  and   spoiled  ballots   to   be  given 1'2 


INDEX.  290 


RECORD :  Sections. 

of   votps    (o    be  mjido    by   secretary   of    state 201-2 

boundaries,  etc..  of  election  districts  to  be  entered  on.  of  township  board....  2(;s 

abolishing  division   of  townships    into   districts,   action   entered    upon 280 

made  of  statement,  etc.,  relative  to  results,  etc.,  of  canvass 342 

RECOUNT : 

of  votes  canvassed   by  state   canvassers 226-230 

proceedings    by    county    canvassers    In    case    of 240-52 

proceedings   for   maljing.   of  ballots 256.  260 

petition  for.  of  ballots  l>y  candidate  contesting  election 2.')7 

of   votes   canvassed    by   supervisors 264-266 

REFERENDUM  : 

constitutional    provisions    relative    to 0 

on    question    of    countv    public    hospital 473-74 

REGENTS    OP   THE   UNIVERSITY : 

numlier  of,   when   elected,    term   of  office,   vacancies,   etc 67 

election,    canvass    of   votes,    term,    etc 506-9 

REGISTERED  MAIL: 

copy   of  statement   of  election  forwarded   by 175 

REGISTER  OF  DEEDS  : 

election    of,    term    of    office 47 

when  offices  of.  and  clerk  may  be  united  or  disconnected 47 

term  of  office,   when   elected,   to  give  Imnd 443 

vacancy   in  olflce  of.  how  and   by  whom  supplied 444 

how    and   when    may  be   tilled   tempoi-arily 488 

REGISTER  OF  ELECTORS  : 

who  to  provide,   how   arranged,    etc 84,  112 

in   cities,  board  to  sign  and  tile  with  city  clerk 90 

when    clerk   to    deliver,    to    election    inspectors 91 

names   not   to  be  entered    in 96 

when   township    clerk    to   deliver,   to   election    inspectors 97 

deceased   and  removed  electors,  names,   how  marked  on 101 

elector  may   demand  certified  copy  of 102 

penalty   for  mutilating  or  forging  name   upon 103 

copies  of.   to  be  filed   with   countv  clorl;    and   township  treasurer 104 

how    made   up,    at   tlrst   elections   in    villages 105 

district,    where    deposited 272-3 

etc.,   used  at  election  in   village  districts,   when  and  where  deposited 278 

REGISTRATION:      (see  also   Imard   of  registration!. 

act  relative  to.  of  electors  and   to  preserve  the  purity  of  elections 84-113 

in   cities,   bow   made,    who  not  entitled   to.    etc 86-7 

of  names   on   election   day 91,  97 

In    townships    in    1859 93, 94 

In  townships,  who  not  entitled  to,  penalty  for  fraudulent,  etc 96 

residence    of    elector    a    condition    of 100 

in   new    villages    1 05 

after  organization  of  village 105 

penalty   for   fraudulent 106 

.iurisdiction   of    courts    for   offenses   against,   laws 107 

in   Wayne   county    113 

act   to  provide   for,   in  new  townsliips 114-19 

of   electors   in    districts 272 

of  electors  in  village   districts,   how  conducted 279 

for  local  option  election,  how  conducted 647 

of   women    375 

REGISTRATION    BOARD:      (see    board    of   registration). 

REMOVAL : 

of  challenger   160 

of  certain   state  and   county  officers,  bv  whom 482-7,  491 

REPORT : 

biennial,   of  state    highway   commissioner 523 

REPRESENTATIVE  DISTRICTS  : 

cities   or   townships   not   to   be   divided   in    formation   of 11 

duties   of    hoard   of   supervisors    as    to   dividing   count.v    into 11 

when    legislature    may    rearrange 12 

statement    of  votes   in.   what    to   set   forth 186 

REPRESENTATIVES  IN  CONGRESS  : 

statement   of   votes   for,   by    county    canvassers 185 

when    elected     216 

resignation   of,   notice,  where  filed    218 

apportionment    of    ""9 

REPRESENTATIVES,    STATE: 

qualifications   of    13 

election    of,     when    held 20 

statement   of   votes    for,    by   county    canvassers 185 

proceedings  in   case  of  tie  vote  for -J* 


special    canvass    for.    to    fill    vacancy 


253 


«lj,,,-.«,      %..u,«.7,o      tvji.       .V      ii..       ...v.. ....J ATQ 

resignation    of.    how   and    to   whom    made J*° 


petitions   for   recall   of,   where   filed. 


403 


apportionment    of "^" 

RE-REGISTRATION: 

In   Wayne   county,    when  made,   etc IJ;* 

in   cities  of  the  fourth   class "•*■' 


300  INDEX. 


RESIDENCE :  Sections. 

what   deemed,   of  electors 2 

not   gained  or  lost  by  reason  of  employment  in  state  or  U.    S.  service..!.!!  2 

of  elector  a   condition   of  registration 100 

of  electors  in  cities  of  fourth  class '  goa 

nESIGN.\TIONS  : 

of  township   officers,   how  made,   where  filed 355 

of   justice  of   the   peace 355 

how  and    to  whom   made,   vacancy,   how   filled 478-9 

RETURNS: 

blanks  for  making  election,  when,  by  and  to  whom  furnished 254,  2.')5 

proceedings    for  correction   of   frauds,    etc.,    in,   made  by   inspectors '256 

of    names,    of   persons   elected    or    qualified,    to    county    clerk 360 

as   to  election    for  justice  supreme  court 518-19 

county   clerk   to   make,   of   vote   of   certain   officers   at   general    election,   when 

and   to   whom    , 632 

ROAD   COMMISSIONERS,    COUNTY: 

election    of     463-4 

S. 

SAILORS  .4ND   MARINES: 

may    acquire    residence    at    Soldiers'    Home,    where   located 2 

when    deemed    non-resident 2 

SALARY : 

officer  not  to  receive  before  filing  statement  of  election  expenses 416 

SALOON : 

ri'cistration  boards  not  to  meet  in,   or  adjacent  to 120 

elections  not  to  be  held  In,   change   of   polling  place 177 

to   be   closed  on   election  day,    penalty 397 

primary  election  not  to  be  held  in 406 

to  be  closed  on  certain   days  and  hours 434 

SCHOOL   ELECTIONS: 

qualifications   of   voters   at 373 

SEAL: 

election,  who  to  furnish,  what  to  contain,  etc 144 

election    commissioners   to  provide   themselves   with 1.56 

on  package   of  official  ballots,   to   be  kept   intact 159 

election,    who   to   keep,    etc 165,  174 

on  ballot  boxes,   penalty  for  breaking,  etc 383 

SECRETARY : 

of   state   central   committee,   when   elected 715 

SECRETARY  OF   STATE: 

constitutional   duties  of,  as  to  initiative   and   referendum 9 

duties   of,    relative    to    initiative    of   constitutional    amendment 78 

to  keep  record  of  registered  electors 109 

when,  to  give  notice  of  election  to  fill  vacancy 131 

when,   to  give  notice   relative   to  election    of  state  officers,  etc 132,133 

when,  to  notify  sheriffs  relative  to  special  elections  to  fill  vacancies 134 

impression    of    vignette,    etc.,    wlien    filed    in    office    of 150 

to  certify  to  submission   of  constitutional  amendment 151 

to    furnish    printed    instructions 168 

copy  of  statement  of  result  of  canvass  to  be  transmitted  to 175 

to   be  furnished   with    list   of  officers   elected 101 

to    be    furnished   copy,    determination    of    district    canvassers 199 

to    record    statement    of    votes 201-2 

to  appoint  meeting  of  slate  board  of  canvassers 204 

to  make   record   of  state  canvass 208 

to    notify    persons    elected 208-10 

to    cause    amendments    to    constitution    published    with    laws 213 

shall    publish   determination   of   state   canvassers 214 

to   lie   notified   of   resignation    or  death   of    congressman 216 

petition  for  recount  by  state  canvassers  to  be  filed  with 226,  227 

petitioner    to    make    deposit   with ,. 228 

county    clerk   to    send    copy   of   county   canvass   to 245 

to  furnish   blanks  for   making  election   returns,   when  and   to  whom 2.54 

to  furnish  blanks  for  statements  of  election  expenses 421 

when   county  clerk    to  transmit   to,  certified   list   of  certain   officers 440 

county    clerk    to   report   appointment    of   county    drain    commissioner    to 465 

statement  to  be  made  to.  when   vacancies  in   office  occur 479 

vacancy   in    office   of,    how    filled 490 

petitions  for  recall   of   governor  to   be  filed  with 493 

one   of  state  canvassers,   certificate  filed   with,   etc 519 

duty   as   to  election   of  U.    S.   senator 522 

order  of  incorporation  of  village  by  supervisors  to  be  transmitted  to 575 

duties  of,   as  to   supplies,  etc.,   used   in  connection   with  voting  machines....  619 

districts   using  voting   machines   to   notify 619 

returns   of  vote  of  certain  officers  at  general  election  made  to,    when   and   by 

whom 632 

number  of  pamphlets  printed   by,  showing  result  of  votes  at  April  election..  633 

duties  of,    as  to  publicity  of  proposed  constitutional  amendments,   etc 634 

to  prepare  blank   statements,  poll   books,   for  local   option  election 657 

SENATORIAL   DISTRICTS: 

when   county    may   be   divided   into 10 

when  legislature  may  rearrange 12 


INDEX.  301 


SENATORIAL  DISTRICTS — Con.  Sections. 

statement   of    votes   in,   wliat   to  sot   forth 186 

division    of    state    into 637-8 

Senators,  state: 

qualifications    of    1^ 

election    of.    when    held 20 

proceedings   in   case  of   tie  vote  for 244 

special  canvass  for,  to   fill  vacancy 25S 

resignation  of.   how   and  to  whom  made ^ 478 

apportionment   of    637 

SENATORS.   U.    S. : 

petitions    for    recall,    where    tiled 4»3 

SERVICE  OP  PROCESS: 

not   to   be   made  on   election   day ^^* 

SHERIFF:                                                                                                                          •                     .,  ..    ... 

election  of,   term  of  office,  security,  etc 47,  4U,  441 

diity   of,   as   to    notification    of   election ,nJi 

when  member   of  board    of  district    canvassers 19» 

compensation    of.    for    election    services 222 

duty   as   to  offenses   against   elections ^°4 

vacancy  in  office  of,  how  and  when  may  be  tilled  temporarily 488 

to  notify   clerks  of  election  of  circuit  judge 501 

SLIPS:                                                          ^       ^  1„„ 

pasted   on    ballots,    how    counted,    etc ioj 

when,  used  in  case  of  tie  of  delegates,  etc.,  at  city  primaries ^95> 

SPECIAL  CANVASS:                                                 ^„  „_„ 

for  state  senator  or  representative  to  nil   vacancy ■ioi 

SPLIT   TICKETS:  ,„, 

how  marked,  folded,   etc ^"" 

SPRING  ELECTION:                               .....           ^.           ,■  or  or. 

registration   board,  meetmss.  etc.,   m  iitios  and   townslups tSB,  »o 

STATE   BOARD  OF  EDUCATION: 

members  of,  when  elected,   term  of  office,  duties,  etc b9,  Siu 

STATE  CANVASS  :  onnoio 

how   and    when    made _uu-_i.i 

STATE   CANVASSERS:       (see   board   of   state    cnnvasscrsi. 

STATE  CENTRAL  COMMITTEES:  ti'Jit 

organization  and   election  of tiq 

each  party  to   have  one 'Jj 

how    selected     ijS 

when  and   how   to   organize '^^ 

terms    of    members    of '  j2 

vacancies   in.    how    tilled '  ■*■ ' 

STATE  EMPLOYES:  , 

not   deemed    to    have    gained    or    lost    resuiencc * 

STATE    HIGHWAY   COMMISSIONER  :  - 

office   of,   made  elective   in   1918 °5* 

election   of    "•  ?5g 

title    of     25S 

when    to    take   office "" 

•  term  of  office  of k^S 

oath   of  office   of    °~^ 

salary   and   deputies  of °-ii 

deputies'    salaries    2~i 

clerks,    engineers,     etc S^S 

salaries    and    expenses   of,    how   paid o-^ 

vacancy    in    office    of 2ii 

biennial    report    of S^5 

printing    of   report   of 


STATEMENT : 


175 


of   result    of   canvass,    how    prepared,    etc isti  olq 

of    county   canvassers,    what    to    contain 'gg-  -Ti 

of  votes  by  district  canvassers ^'''''  ^^' 

canvasser's,  how   made  up   and  certified f°i 

where    filed     iSi 

to  be  delivered  by    county  clerk   to   district  canvassers >?" 

of   state  canvassers,   what  to   show •  •  ■ ;■■■■'■  j'^'  '^^}t 

as    to   canvass   of   votes,   what    to    contain,    when    and   by    whom    made    and  ^_^ 
certified              ..........•••--■■••••••"••■■•••'••*'''**"'''"'**''*\'** 

when  made   and  certified  as  to   result  of  election   in    village   districts,   where  ^^^ 

made°atter  canvass 'compieted, 'li.v'whoW  what 'to  contain,  where  recorded..  341-2 

of  nomination  and   election   expenses *^°'  If. 

to   be   open    to    public   Inspection ^J^ 

inspection   of    418 

notification  of  failure  to  file ,,,, 

blank  forms  for,  how  furnished nn-'-i 

of   election   of   circuit  judge,   where   returned,    etc j;"- 

of  election   of  regents,   how  and  by  whom   made. r.VT  in 

of  result  of  election  for  justices  of  supn^mc  court Koo 

of  votes,  by  election  inspectors  of  village  elections 

STATE   OFFICERS  :  ,,...,  „<«„«  "'t  72  'os  5'>3 

to  be  elected  at  general  biennial  election,  terra  of  office. -•«.  7J,  -io,  o.a 

statement   of  votes  for,   duties  of  county   canvassers  as  lo •  •  i"" 


302  INDEX. 

STATE  OFFICERS— Con.  Sections 

resignation   of,  where  made,  vacancy,  how  filled 478  481 

removal  of  certain,  by  whom 489  q 

STRAIGHT    TICKET :                                                                                      . 

how   marlted   by   voter,   folding   of,   etc 163 

to  be  canvassed  first,  what  ballots  void 173 

STUDENT:  

at  seminary,  residence  not  gained  or  lost o 

SUPERINTENDENT   OF  PUBLIC  INSTRUCTION  :  

election   of,   term   of   office 5H 

SUPERVISORS:      (see  also  board   of  supervisors). 

election    of,    term   of    ofiice 46,  305,  309 

to   constitute   member   board    of  registration !!!!!...  84  92 

to  act  as  inspector  of  election *  139 

when,  to  act  as  chairman   of  board  of  election  inspectors . . .  146 

recount  of  votes  canvassed  by 204-66 

duties  of,  as   to  classification  of  justices  in   new  townships....!!!..!!!!!]!  348-51 

when  to  act  as  moderator   of  township   meeting,  duties,   etc 366-70 

to   notify    county   clerlt   of    vacancy   in   office    of   treasurer   or  Justice   of    the 

peace    480 

in  fourth  class  cities,   one  of   election  inspectors 561 

T. 

TALLY  SHEET : 

and  ballots  to  be  placed  and  sealed  in  ballot  box 174 

and  copy  of  statement  of  election  to  whom  sent 175 

TERM   OF  OFFICE  : 

of  elective  officers 23,  72.   225.   468-9.  523 

of    member    of   state    central    committee 716 

TICKETS:      (see  ballots). 

TIE   VOTE: 

when,   for   governor   or   lieutenant   governor,   legislature    to   choose 75 

in   case   of,   where   drawing   to   take  place 188 

in    case    of.    how    election    determined 188 

proceedings    in    case  of,    in   county   offices,   legislature 244 

proceedings   in   case   of.    at   city  primaries 299 

in    case    of.    in    cities    of   fourth    class 568 

in  ease  of,  at  village  elections,   council  to   determine  by  lot 592 

TOWNSHIPS  : 

when,    are   entitled    to    more   than    one   representative 11 

number    of    justices    of    peace    in 43 

board  of  registration  in,  who  to  constitute,  etc 84.  92 

registration    in.    session    of  l)oard,    power,    duties,    etc 95 

in    now.    wiio    to    constitute    board    of  registration 114 

opening   and    closing   of   polls    in.    and   cities 182 

noon   adjournment,  certain   section   not  to  apply  to 182 

who  to  constitute  board  of  election  commissioners  in 232 

duties   of    232 

when,  may  be  divided  into  election  districts 267 

combined    result    of   district    reports    to    be   official    canvass    of 273 

when   township  board  may  abolish  division   of.   into   election  districts •    280 

new,   classification  of  Justices  of  the  peace    in 348-49 

who    eligible    to    hold    office    in 361 

TOWNSHIP  BOARD: 

duties  of,  as  to   dividing  township  into  election   districts 142,  267-8 

may,    by   resolution,   keep    polls   open   until    .•<   o'clock 143 

to    be    i)oard    of    election    commissioners '  232 

duties   of    232 

when,    may    appoint    election    inspectors 269 

when   to   appoint  person  instead  of  justice  of  peace   on   registration  board. .  272 

when,   may   abolish   division    of   townships   into  election   districts 280 

.     when    disorganized    or   reduced    below   fiuorura,    vacancy,    how   filled 319 

on   request   of  twelve  electors,  may   call    special    township   meeting 320 

may    appoint    temporarily    to    fill    vacancy    in    certain    offices 357-8 

when,    mav    purchase   voting    machines 597 

TOWNSHIP  CLERK: 

election   of,   term  of   office 53,  305.   309 

to    constitute    member   board    of    registration 84,  92 

when   to  deliver  register  to  election  inspectors 97 

when  to  deliver  and  certify  to  copy  of  register  of  electors 102,  104 

to  forward  secretary  of  state  number  of  registered  names 109 

duty  of,  as  to  notification  of  election 13S 

to  act  as   inspector  of  election 139 

to  provide  ballot  box.   key,  election  seal,  etc 144 

printed  instructions  to  voters  furnished 168 

to   have    charge  of   ballot   Ijox 174 

duty  of,  as  to  duplicate   statements   of  result  of  election 175 

poll  lists  to  be  delivered  to.  and  filed  by 184 

when   order  for  special  township  meeting  to  be  filed  in  office  of 322 

to  keep  minutes,   etc..  and  list   of  persons  voting  at  town   meeting 329 

to    record    proceedings    during    business    adjournment    nt    town    meeting 337 

oaths   taken    by   township   officers    to    I>e   filed   witli    and    recorded    l>y 344 

when,  to  notify  persons  elected   at    township  meeting 345 


INDEX.  303 


TOWNSHIP  CLERK— Con.  Sections. 

duties  of.  as  to   classification  of  Justices  in  new  townships :t4!)-50 

certain   duties   of,    relative    to   elections 35!)-Cl 

to  give   notice  to  county   clerks   of  the  election  of  Justices  of   the   peace....  361 

to  be  furnished   blanlis  for  statements  of  election   expenses 421 

notice   of,   of  election   for   circuit  judge 501 

copy  of  order  for  local   option    election  to  be  sent  to 645 

duty   of.   relative  to  poll    list   and   statement  of  local   option   election 648 

when  to  make  copv  of  poll  list,  fee   for 656 

TOWNSHIP    ELECTIONS:       (see   elections,    township). 

TOWNSHIP  MEETING: 

annual,    how    construed 83 

board  of  registration,  meetings,   etc..   of 95 

when   notice  of  first,   in  election   district  to  be  given 268 

when   held,  oflicers  elected   at 305 

where   held,   when  may  be  changed,  proceedings,  etc 311-13 

adjournment    of.    from    time    to    time,    when    purpose    other    than    election    of 

officers    314 

first,  after  organization,  when  held,   officers  elected,  etc 315-18 

election    inspectors    at,   same   as   at   general    elections 328 

town  clerk  to  keep  list  of  voters,  minutes   of  proceedings,   etc 329,  .359 

polls,    when    opened,    proclamation,    etc 331 

challenges   at,  governed   same  as  at   general  elections 335 

appropriation  of  money  and   election   of  officers  at,  by   viva  voce  vote 337 

when    clerk    to   notify    persons    elected   at 345 

who    qualified    to    vote    at 371 

first,   in  new   townships,  notice,  place  of  holding,  etc 378 

TOWNSHIP    MEETING,    SI'ECI.VL  : 

when  m.Ty  be  called   to  fill  vacancy 319 

call  of,   on  signed  request   of  twelve  electors,  mode  of  procedure 320 

order  for,  what  to   specify 321 

within   what   time,   shall   be   called  after   order  made 322 

TOWNSHIP   OFFICERS: 

when,   elected   at   township   meetings  to   take  oath   of   ofllce 344 

penalty   for   certain,   neglecting  to   qualify 353 

compensation  of  the  various 363-5 

increase    of,    upon    ratification    of    electors 364 

resignations    of,    how    and    to    whom    made 478 

removal  of,   tor  certain  reasons,   by   whom 484 

petitions    for  recall    of,    to   be   filed   with    probate  judge 493 

TOWNSHIP  TRE.ASDRER: 

election    of.    term   of   office -53 

to  constitute   member  of  board  of   registration 84.  92 

township  clerk  to  file  copy  of  register  with 104 

election    of,    term    of    office 305, 309 

vacancy  in  office  of,  town  board  mav  fill  temporarily 358,  480 

TREASURER    OF    POLITIC.VL    CO.MMITf  EE  : 

must  be  appointed    413 

lawful    expenditures   by 414 

to   render  sworn    account   of   expenditures 416 

corporations   not    to   contribute   to 425 

TRIPLICATE    STATEMENTS  : 

of   result   of  canvass   of   votes,    how,    bv   and   to   whom    delivered 175 

TRUSTEES : 

of    county    public    hospital,    election    of 473-476 

U. 

U.    S.    CONSTITUTION: 

provisions    of    (see   appendix). 

UNITED  STATES  SENATOR: 

penalty    for    attempt    to   corrupt    vote    of    legislator    for 3S7 

election    of.    by   legislature,    vacancy,   etc..    relative   to 476-8 

petitions   for   recall    of,   to   be  filed   with   governor 493 

UNUSED   BALLOTS: 

who   to  preserve,  etc 172 

V. 
VACANCY: 

in   office  of   sheriff.    In    default  of  security 49 

in   office  of  regent   of  the  university,    filled  by  governor 67 

In  board  of  registration   in  cities,  how   fllled.  etc 85 

in    new   township,    how    filled 118 

when  notice  of  election  to  fill,  in  certain  offices  to  be  given 131.  134 

how  special  election    may   be  <-alled   to   fill 1.35.  .319 

when,  to  be  fllled  at  general  election,  when  notice  to  be  given 138 

in   office  of  congressman,   nolice  of.   Iiy   whom  given 216 

in   office  of   presidential   electors,   how   fllled 218 

term  of   office  of  per.sons  elected  to  fill 225 

on    board   of   county   canvassers,    how    filled 242 

special  canvass  to  fill,  in   office  of  state  senator  or  representative 253 

in   board  of  primary  inspectors,  how  filled,  etc 288 

to   city   or   county   convention,   how    filled 296 


304  INDEX. 


VACANCY— Con.  Sections. 

in  the  %'ai'ious  township  offices,  term  of  office,  etc 307,  310 

manner  of  classifying  justices  in  case  of  election  to  fill '  352 

in   certain   town  offices,   how  filled  temporarily 357-8 

in    political    delegations,    how    filled 408 

in  office  of  county  treasurer,    how  and   by  whom  supplied 436 

in  office  of  register  of  deeds,  how  and  by  whom   supplied. 444,  480 

term   of    office  of    county    officers   elected    to   fill,    when    to  commence 450 

in   office   of  circuit    court   commissioner,    how    filled 458 

In  office  of  county  commissioner  of  schools,   how   and  by  whom  filled 462 

In   office  of  county   drain    commissioner,    how   filled.  .  .  ." 463 

in    office  of   mine   inspector,    how    filled 466,  468 

in  office,   statement  of,   to  be  filed  in   office  of  secretary  of  state 475 

In   certain   state  and  county  offices,  how   filled 481-2 

In  office  of  county  clerU  or  prosecuting  attorney,  how  filled 488 

in   certain  state   offices,   by   whom   filled 490 

appointment  or  election  of  county  officers  to  fill 491 

in   office  of  justice   of  supreme  court,   how   filled 515 

in  office  of   U.   S.   senator,   how   filled,  etc 521 

in    office    of   state    highway    commissioner,    how    filled 523 

in  offices  in  cities  of  fourth  class,  when  and  how  filled 550-52 

in    fourth    class    cities,    in    election    inspectors 561 

person  elected  to  fill,  for  less  than  full  term  to  be  designated  on  ballot 589 

in    membership   of   state   central   committee,    how    filled 717 

VETO   POWER: 

acts   adopted   by   people    not   subject   to 9 

VIGNETTE : 

of  political  party,  copy  of,  to  be   forwarded  to  election  commissioners 148 

to   be  adopted  by   political  parties,   size,   etc 149 

impression   of,   when    and   where  filed 150 

bow    may   be   changed 150 

township,   city   or    village   committees,   not  required   to  furnish 232 

VILLAGES : 

registration  of  electors  in 92,  105,  279 

who   to   constitute   board    of   election   commissioners   in 232 

duties    of    232 

division  of,    into  election  districts 275-6 

manner   of  conducting  elections   in,   districts 278 

when    may   be   divided    into   voting   precincts 595 

VILLAGE   CLERK: 

to  be  furnished  with  blanks  for  statements  of  election  expenses 421 

to   give  notice   of    election 586 

statement  of  votes  and  certificate  of  election  to  be  filed   with 590 

to   make   duplicate    certificates   of   election,    wliere   filed 591 

to   notify   persons   elected    or   appointed 593 

VILLAGE  COUNCIL: 

may  by  resolution  keep   polls  open  until   8   o'clock 143 

to  appoint  election  commissioners,  provide  ballot  boxes,   etc 587 

to  determine  result  of  election 591 

in  case  of  tie  at  elections,   to  determine  by  lot 592 

when   may  authorize  the  use  of  voting  macliines  at   village  election 597 

VILLAGE   OFFICERS: 

number  of,  elected  or  appointed,  term  of  office,  etc 578-82 

petitions   for   recall   of,    to    be   filed   with    probate   judge 493 

VILLAGE  TRUSTEES: 

duties  of.  and  president  as  to  dividing  village  into  election  districts 275 

VIVA  VOCE   VOTE: 

inspectors   of    election,    when    chosen    by 140 

when    overseers   of    highways   may    he  elected   by 325 

business   transacted   at   town  meetings   by 337 

VOTERS:      (see  also  electors). 

instructions   to,  form  of  ballot,   etc 152 

assistance   of,    in   preparation    of   ballot 158 

printed  instructions,  by   whom  furnished,  etc 168 

unlawful    to    influence 170 

instructions  for,   information  wlien,  by  whom  and  to  whom  delivered 607 

instructions  for,  as  to  voting  machine  and  time,  ma.v  remain  in  booth 612 

unable  to   vote  intelligently,   by   whom   and    bow   assisted 615 

VOTES:  ,_. 

statement   of,   by   county   canvassers ^gg 


statement    of,    by   district    canvassers. 


186 


canvasser's   statement   of,    how   made  up,   filed,   etc 187 

district  canvass  of,   when    and  where   made oio"'?? 

recount  of,  by  county  canvassers ~    oSs 

canvass  of,  in  districts,  certified  statement  to  be  made ^'o 

canvass  and  result  of,  on  questions  submitted  to  electors  at  district  meetings  ^74 

canvass  of,   in  village  districts ~t,° 

canvass   of,   at   township   elections °^^ 

canvass  of,  for  circuit  judge nnsQ 

for    regents,    canvass    of ki t  i q 

canvass  of,   for   supreme   court   justices •  ■  •  •  oii-i» 

returns   of,    of   certain   officers   at   general   election,    when,    to   and    by   whom 

made    ^" 


INDEX.  305 


VO'riXG    MACHINES:  .  Spctions. 

who  may  authorize  tbo  uso  nf.  at    township,  city  or  village  elections 597,627 

purchase    and    use   of 507-031 

how    constructed,    how    used    by   electors 598 

payment    for,    l)y    bonds,    etc.,    Iiy    whom 600 

supplies,    rules    and    instructions    iu    connection    with    use    of,    bv    whom    fur- 
nished       601.  610 

ballot    labels   for GO'J 

model    of.   to   be   set  up  and  operation    of.   explained  to  voters 60:S 

preparation    of,    by    county    clerk,    sealinir 604 

custodian    of.    appointment    and    duties 604-5 

instruction    to   inspectors,    relative    to   operation    of 605 

instructions  for   voters  as   to  using,    to   be  placed    in   booths 607 

assistance   given    voters    where,    are   used 615 

statement  of  votes  shown  by,  when  to  be  ascertained  and  proclaimed 617-18 

districts   using,   to  notify    secretary  of   state 61  it 

use   of,    at   primary   elections 621-6 

W. 

WAGER : 

on    election,    penaltv    for 386-8 

WAGES: 

in   paving,    emplover   not    to   put  political   matter  into  envelopes 426 

WAUn   COMMITTEE  : 

notice  of  time  for  holding  primaries  in    cities   given   by 285 

one  of,  in  city  primaries,   one  of  board  of  inspectors 288 

act  to  fix  term    of   members  of 662 

WARDS : 

residence    in.    condition    of    registration 100 

primaries  in   cities,    held  in,  at  same  time 284 

change   of   boundaries   not   to   affect   aldermen 526-7 

electors    in.    division    of,    into    precincts,    etc 528-9 

registration,   election    districts,   new,  etc 5.S0-545 

two    aldermen    elected    in    each 540 

WAYNE   COUNTY : 

re-registration   of   electors   in,   when   made 113 

board    of   election   commissioners   in,    who    to   constitute 147 

nominee   in.    of  two   parties  to  give  notice  specifying  choice 148 

failure    to   give,    name,    how    placed 148 

committees,    to    forward    vignette    and    names    of   candidates    to    election    com- 
missioners      148 

who   to   constitute   board   of   county    canvassers    in 240 

act   for  approval  of  county   officers*   bonds,    not   to  applv  to 477 

WOMEN: 

may  vote  in  certain   cases 374-7 

tiualifications   of,    voters    375 


39 


INDEX   TO    THE 


PRIMARY   ELECTION   LAW 


40 


INDEX 

TO    PRIMARY    ELECTION    LAW 


The  referencps   are  to   compiler's  sections. 

A. 

ADVERTISEMENT:                     ^       ^                  ,,  _  ^l^o'-n^k 

in   papers,   restriction   placpd   on    candiclatc lUj,  iUj 

AFFIDAVIT:  P,P,r, 

roj;iBtration    liy    """ 

ATPORTIONMENT :                                              ,               ,  ,         .  p-o 

of   dploffatos    to    state    couvenlion.    wlio    to    (Iclirmine oia 

AUGUST    PnfMARY:  .      ,    ,       .  r.ft'?  7T> 

conduct   of,   officers   nominated,    etc >>o^  'J- 

state    convention    held    within    forty    days    atlcr ojo 

B. 

BALLOTS:  g-0 
submittins    proposition,"form,  ";ind"size    when     more    than    one    proposition 

submitted      Jji^ 

instruction,   number  printed "' J 

who   to  prepare,  what   to  contain    etc .  .  .  .  .  .  ■  ■  ■ "'^ 

place  upon,   for  writing  names  of  proposed  county  delegates o<o 

proof   copies   of,   where  placed   on   flle ^<a 

preparation   of.    in    cities   where  ofticers  not   elected  at   November  election 676 

preparation    of.   bv   board   of   election   commissioners,    liow    governed 676 

for  political    party,    number  to   be   printed «'' 

bow    prepared,    numbered,    etc °'^ 

official    primary,    form    of °'° 

elector    to    state,    desired • °°g 

cast  bv    challenged   elector,   record  to  be  kept  of oo» 


folding    of 


690 


penalty    for   exposure   of ^jy 

rejection   of    XXJ 

counting   of    pnp 

printing  of   names   on "•'" 

r.ALLOT    BOXES:  „„, 

provision     for     {!„,, 

etc.,   returning   of p^; 

when,    to  be   opened   in   case   of   recount "■'•' 

BANNER :  -no 

campaign,    unlawful    to    post ,•  •  ■  •, -n" 

unlawful    to    distribute,    etc.,   above   certain    size '"•• 

BLANK   FORMS:                                                              ,      ^                         ,  r.s- 

of  nomination   petitions,   county,   etc..  elerlis   to  prepare,   etc no-' 

BOARD   OF  CANVASSERS:                                  .     ,  -„, 

to    certify    nominee   to    election    commissioners ";?J 

duty   of.    relative   to    recount "'•'■' 

BOARD   OF    ELECTION    COMMISSIONERS:  „ 

to   prescribe  size,   etc.,  of   ballots „   ,  Sio 

to   prepare,    etc.,    ballots »'*•  S'2 

correct  ion   by,   of  errors  in   primary  ballot "' g 

duty  of,   in   certain   cities xiS 

how  governed   in    preparation  of  ballots ...  .  .  ■ "'" 

number  of  delegates  each  election  district  entitled  to.  to  be  certlOed  to 676 

new  parties  to   certify  to,  number  of  liallols  necessary »'' 

duty  of.  relative  to  delivering  ballots,   etc.,  to  county  clerk ooo 

to   <ert ify    names    of   certain    delegates    to  county   clerk 0"» 

duty  of.  relative  to  printing  names  on  ballot <>•"' 

BOARD   OF  ELECTION  INSBECTORS :                     >  PP,. 

registration    by    " ' 


310  INDEX. 


BOARD  OF   STATE    CANVASSERS:  Sections 

who  to  appoint   meeting  of 693 

liow  to  proceed  in  canvass  of  votes  for  U.   S.   senator,  governor,  etc 693 

to   certify   nominations    694 

C. 

CALLS : 

for   state   convention,   wlien    issued,    etc 698 

CAMPAIGN  CARDS: 

unlawful  to  distribute,  etc.,  above  certain  size 70S 

CANDIDATES  : 

for  circuit   judge,   election    of,    when    held,    etc 670-71 

for   city   offices,   when    nominated 671 

sum  paid  by.   in   certain  cities  previous  to   printing  of  name  on  ballot 682 

unlawful    for.    to    procure   more   tlian   maximum   number  of   names   on   nomi- 
nation   petition    685 

list  of,   to  be  publicly  exposed 686 

secretary  of  state  to  certify  names  of,  to  boards   of  election   commissioners..  686 
not    deemed    nominated    when    parly    vote    less    than    fifteen    per    centum    of 

preceding    election    692 

notice   to  opposing,    in   case  of   recount 695 

certain,    names    of,    certified    to    election    commissioners 696 

when   nominated  by  more  than   one  party 696 

for    county   officers   to   elect    chairman    and    secretary    of   county    committee:.  696 

unlawful  for,  to  post  card,  banner,   poster,   etc 702-703 

unlawful  to  solicit   money,   etc.,  from 704 

restriction    placed    on,    in   advertising 705 

unlawful   for,    to   treat    706 

CANVASS  OF   VOTES: 

law    regulating    664 

and    return    of   votes   cast    at    primary    submitting   question 670 

how   made   for  candidates   in  judicial  districts 670 

CARDS  : 

campaign,    etc.,     unlawful    to    post 702-3 

printing  of,  by  county  clerlj,   what  to   contain,  etc 710 

CERTIFIED   COPIES: 

of  votes  for  certain  candidates  to  be  transmitted  to  secretary  of  state 693 

CHAIRMAN: 

of  township,  etc.,   committee  to  notify  delegates  elected  to  convention 673 

of   county   committee,    when    to   certify   number   of   delegates   to    county    con- 
vention        676 

of  county  committee,  bow  and  when  elected 696 

CHALLENGE : 

of  voters  at  primary   689 

CHALLENGERS  : 

powers    of    690 

CIRCUIT  JUDGE: 

nomination  of,   how   made,   date   of,   etc 670-71 

when   secretary   of   state   to   canvass  vote  relative  to   direct  nomination   of. .  670 

CITIES: 

primaries  in,  when  eflfective 653 

enrollment   in    666 

certain,    subsequent    submission    under    direct    nomination    system    by 667 

under  commission  form   ot  government,  primary  act  not   to  apply   to 671 

certain,  officers    nominated   at   primaries 672 

having   no   wards,  delegates  elected   from   entire  city 073 

nomination   petitions   of  local  officers   in   certain,   time  set  for  tiling 686 

certain,   time  polls  left  open .        687 

not    adopting    certain    provisions    to    nominate    in    conventions '         696 

nomination  of  party  candidates  in  certain,  provisions  governing 699 

CITY    CLERK : 

registration   of    electors   before 666 

nomination    petitions    in   certain    cities    addressed    to 668 

when  certain  duties  of,  performed  by  secretary  ot  state 670 

primary  election,  notice  of,  when  given  by,   submitting  direct  nomination....  670 

duty   of,    relative    to    nomination    petition 670 

when  to  give  notice  of  no  holding  of  primary 672 

primary   election   ballots    to  be   filed   with 677 

nomination   petitions   of    city   officers   to   be   filed    with 682-3 

to   prepare,   etc.,    blank    forms   of   nomination   petitions 685 

to  prepare,   etc.,   list  of   candidates 686 

duty  of,   relative  to  delivering  of  register  of  electors,  etc 710 

CITY   OFFICE: 

direct   nomination    of   party   candidates    for,    submission   of  question 667 

petition    relative   to   nomination   in   certain    cities   to,   where   addressed 668 

CITY  OFFICERS: 

nomination   of,   at   primaries 6(2 

signatures    required    upon    nomination    petitions    of 682 

COMMISSION   FORM   OF   GOVERNMENT  : 

cities  under,  primary  act  not   to  apply  to 071 

COMMITTEES  : 

county,  bow  chosen,  etc 096-9 1 

COMMON  COUNCIL: 

power  of,  in  certain  cities  to  hold  polls  open   '>S7 


INDEX.  311 


CONGRESSMAN:  Sections. 

Dommatioii   of    q^o 

canvass  of  votes  for nty> 

CONVENTION :  

when    delegates   elected    at 073 

state,   wben    held,   etc (>qq 

COPIES :                                                                                                  """ 

certified,   of   list   of  candidates  to   be    nosteil ffSB 

COUNTY  CLERK :  

when  certain  duties  of.  performed   liy  secretary  of  state 670 

when    to   give    notice    of  no    holding    of   primary '.'.'.'.'.'.'.  672 

proof  copies  of  ballot   to  be  on   file  in  office  of.'. 075  677 

to   furnish    primary   pamphlets   to   election    in.spectors '678 

nomination   petitions   of   district   officers    filed   with 681 

new   party   petitions,   tor   district   or   county  offices,    filing   of.    with.....!..!!  683 

to  prepare,  etc.,  blank  forms  of  nomination   petitions 685 

nomination   petitions,   time    set    for   filing   witli 686 

duty    of,    when    nomination    petitions    deficient !!!!!!!  686 

to   certify  names  of  candidates   who   meet   requirements !  !  !  686 

to   prepare,   etc.,   list    of   candidates !  !  ! !  686 

duty    of,    relative   to    distribution    of   ballots,    etc !!!!  688 

to   certify   delegates    to   county  convention 691 

to  transmit  certified  copies  of  votes  for  candidates  to  secretary  of  state....  693 

duty  of,   relative  to   printing   certain   sections   of  primary  act 710 

COUNTY  COMMITTEE: 

when  number  of  delegates  to  state  convention  certified  to  chairman  of 673 

to   indicate    how   delegates   selected 673 

chairman  of,    when  to   certify  number  of  delegates   to    county   convention....  676 

of  new  party,  to  certify  number  of  ballots  necessary 677 

what   to    constitute    ." 696 

chairman  and  secretary   of,  how  and   when  elected 696 

to  issue  call  for  meeting  of  county  convention 697 

at  convention,  to  be  chosen  by  each  party 697 

COUNTY  CONVENTION  : 

election   of   delegates   to 673 

delegates   to,   how  chosen 691 

when   held,   how  designated,   etc 697 

COUNTY   OFFICERS: 

nomination    of,   at   primaries 072 

signatures  required  upon  nomination  petitions  of 082 

COUNTY    OFFICES: 

candidates  for,  wben  nominated 071,  672 

when  to  elect  chairman  and  secretary  of  county   committee 090 

D. 

DEATH : 

or  withdrawal  of  candidate 696 

DEFICIENT   PETITIONS: 

duty   of  secretary   of  state,  etc.,   relative  to 686 

DELEGATES  : 

to   political   convention,   nomination    of,   at    primary   election 665 

to  county   convention,  when   selected  in  convention 673 

election  of,  to  county  convention,   number,  etc 673 

to  state  convention,  when  number  certified  and  apportioned 07o 

when    chosen    097 

to    county    convention,    chairman    of   county    committee    to    certify    apportion- 
ment   of    076 

who    declared     691 

DEPOSIT  : 

petitioner  for  recount    to   make 095 

IilSTRICT  OFFICERS: 

signatures   required   upon   nomination    petitions   of 081 

DISTRICTS: 

not  adopting  certain  provisions  to  nominate  in  conventions 696 

E. 

ELECTIONS : 

expenses  of,    how   defrayed 664 

how    conducted,    etc 664 

result  of,   how   declared,   etc 092 

ELECTION  COMMISSIONERS: 

lioard   of,  duty  of,   relative  to  ballots 070,   674,   676 

duty   of,   in  certain  cities 676 

nominees  to  be  certified  to 694 

ELECTION  INSPECTORS: 

primary  pamphlets  to   be   furnished 078 

to    preside   over   primary    election OSS 

number   of,   when   may    be  reduced 688 

to  act  as   challenger   in    certain   cases 089 

duty    of,    relative    to    ballots 090 

to  certify  names  of  delegates  to   county  convention 691 

pasting  of   certain   slips   on   ballot   by 696 

to  cause  certain  sections  to  he  posted 710 


312  INDEX. 


ELECTOR :  Sections. 

oath  of,  wlien  challengecl 689 

to   state   ballot   desired 689 

EXPENSES  : 

of  elections,   how  def rnyed 664 

G. 

GENERAL    ELECTION   LAW: 

certain  provisions  of.  to  govern   prim-arv  election 688 

GOVERNOR : 

nomination  of,  at  primaries 671 

signatures  required   upon   nomination  petition  of 680 

canvass    of    votes    for 693 

H. 

ILVLF-TONE  ENGRAVING  : 

unlawful    to   post 702 

size  of,   for  publication   in   uewspuper 705 

HAND    BILL  : 

campaign,    unlawful    to   post 702 

unlawful  to  distribute,  etc.,  above  certain  size 703 

I. 

INSTRUCTION   BALLOTS: 

printing    of,    color,    etc 674 

J. 

.TUDICIAL   DISTRICT: 

when,    composed    of    more   than    one    county 670 

L. 

LIEUTENANT  GOVERNOR: 

nomination    of.    at    primaries 671 

nomination   petition  for,   what   per  cent  of  sijinatures  required 680 

canvass  of  votes   for 693 

LIQUORS: 

circulating   of,    at   polls 701 

unlawful   for    candidate   to   buy    elector 706 

LIST: 

of  candidates,   who   to  prepare,   etc 686 

LITHOGRAni  : 

unlawful    to    post 702 

etc.,  unlawful   for  candidate  to   publish 705 

size  of,   for  publication  in  newspaper 705 

M. 

MARCH    PRIMARY: 

election    of   county    officers,    etc.,    at 671 

state   convention   held   within    fifteen   days   .ntter 698 

MEETING: 

of  board   of  state  canvassers,   who  to  appoint 693 

IMISDEMEANOR: 

who    deemed    guilty   of 700,  707-8 

MnNEY : 

unlawful   to  use,   in  influencing  voter 700 

etc.,    soliciting   of,   from    nominee,    unlawful 704 

N. 

NAMES  : 

nunjbcr  of,   required   on   petition    for    direct    nomination 66  ( 

of  candidates  may  be  written,  etc.,  on    l)allots  for  special    election 671 

of   delegates   to   county   convention   not   to   be    printed    on    ballot 673 

of  candidates  to  be  publicly  exposed  in  office  of  secretary  of  state,  etc 686 

printing  of,  on   ballot G75,  690 

NATIONAL    COMMITTEE:  .,oor 

choice  of   members   of '  1S-2j 

NEW  POLITICAL  PARTY  : 

who  to   determine  number  of  ballots   for d77 

how    to    obtain    printing    of    name   of    candidate   of 683 

candidates  of,  names  required  on   nomination  petitions  of 683 

when    voter    may    re-enroll    as    member    of 683 

nomination  petitions  of  candidates  of 685 

NEWSPAPER  : 

candidate,  restrictions  placed  on,  in   advertising  in 70o 

NOMINATION: 

of  party  candidates  in  cities  of  less   than  seventy  tliousaud bfav 

of  person   by   more  than   one  party 696 

of  candidate  in  certain  cities,  in  convention 6.)6 

NOMINATION  PETITION: 

candidate  to   file,  before  name  printed  on  ballot 67 j 

where  filed,   who  may  sign,   form    of,   etc 0.S0-S5 


INDEX.  313 


NOMINATING    PETITION— Con.  Scitii)iis. 

who   may  sign,  etc 082 

doctor  not    to   sign   more   than   one   for  same   office 085 

open    to    public    inspection,    etc (RSR 

time  limited  for  filing 080 

NOMINEES : 

when,    may    name    committee GOG 

NON-P.VRTISAN  BALLOT: 

when    city  officers   elected  on.    primary   act   not   applicable 071 

NOTICE  : 

relative   to  enrollment  and   election fili-l 

of  primary  to  vote  on  direct  nominations,  \vli(>n   county  or   city  clerl\  to  give.  070 

O. 
OATH  : 

of    challenged   elector,    form   of CSO 

OFFENSE : 

prosecution   for,    when    to    bo    commenced 709 

OFFICERS  : 

dut.v   of,    relative   to    election GG4 

election,    duty   of,    same   as   under    general    election    law 002 

when  guilty  of  misdemeanor 708 

P. 
PAMPHLET  COPIES: 

of  primary  law,  secretary  of  state   to  furnish G7S 

PASTERS: 

unlawful  to   distribute,  etc.,   at   primary   election G71 

PENALTY : 

for  soliciting  votes   unlawfully TOO 

upon    conviction    of    misdemeanor    707 

for  neglect  of  duty  of  officer 708 

PETITION  : 

relative  to  nomination,   of  party  candidates  for  certain   offices C>C)7,  OG.^ 

to    whom    addressed,   form    of 668-0 

signing   of,   relative   to   nomination    of  candidates  in    certain   cities 607 

relative   to   nomination   to  offices   in   certain   cities,    etc.,    where   addressed....  608 

form  of,  relative  to  direct  nomination 600 

relative   to   direct   nomination,    by    whom    e.xamini'd 670 

nomination,   to  be  filed   before    candidates'    name   printed   on   primary  l)ailot  .  .  075 

for   governor,    etc.,    what    percentage   of   signatures    reiiuircd 6R0 

relative    to    the,    of    county    officers,    filing 6S2 

who  may  si^n,  etc O^S 

of    new    parties,    who    to    sign 083 

form    of  all    684 

public  inspection  of,  after  filing  of,  with  secretary  of  state 685 

lilanls   forms   of,    kept   by   county   and   city   clerks 685 

unlawful    to   sign  more   than  one.  for  same  office 685 

time    set   for    filing    of,    with    city    clerk 686 

time  set   for  filing  of,   with  secretary   of  state 686 

to  board  of  canvassers  for  recount ■•  095 

for   submission,   etc.,    how    governed    in   certain    c#ties 699 

PHOTOGRAPH ; 

unlawful    for    candidate    to    post '0- 

POLLS :  „„. 

opening   and    closing    of o^' 

liquors,   use   of,   at '•'I 

POSTER : 

campaign,    unlawful    to   post iJJ- 

unlawful    to    distribute,    etc..    above    certain    size .• lOo 

printing  of,   bv   county   clerk,   what  to   contain,   etc 710 

PRIMARY  ELECTION: 

how    made,    when    held,    etc 06.1-4 

definition    of    ■ 06.". 

notice  of,   submitting  direct  nomination   of  party   candidates 07(1 

for    nominating    candidates    for    circuit   judge,    wlien    held,    etc 670,071 

general,    when    held    071 

in  wiiat  cases  need  not  be  lield 672 

provisions   of  general   election  law  relative  to   furnisliing  ballots,   etc..   appli- 

calde   to    fiSS 

result   of,   bow   declared    692 

candidates  for  county  offices  to  elect  chairman  and  secretary  of  county  com- 
mittee within  ten  days  after 800 

to   be  deemed   election    day 711 

PRIMARY   ELECTION   LAW: 

duty  of  secretary   of  state  relative   to  furnishing  copies  of 678 

certain  sections  of,  to  be  printed  on   cards,   etc.,   posting,   etc '.  710 

I'KOOF   COPIES: 

of  primary  ballots,  where  placed  on  file 67o 

ntOSECl  TION: 

f'li-   offenses   mentioned   in   this   act fO.l 

I'l  r.LIc ATION: 

of    notice,    of   list    of    certified   candidates..' OSd 


314  INDEX. 


QUALIFIED  ELECTOR  :  ^'  Sections, 

deflnition    of    ggg 

R. 
RECORD: 

to   be   kept   o£   ballot    cast    by    challenged    elector fioo 

RECOUNT :                                                                                                                                      .    .  .  .  ooj 

candidates   may   petition    for,   deposit,    etc GOT 

REGISTER  OP  EI.,ECTORS  :  

to  be   furnished  the  inspectors  by   city   clerks 710 

REGISTRATION: 

for   primary   election,    how   made • 663  rrr 

REPRESENTATIVE  : 

in  congress,  nomination   of.  at   primaries ; .  672 

state,   nomination    of,    by   direct   vote 672 

signatures    required    upon    nomination    petition    of 6S1 

nomination  of  two  or  more  candidates  in  each  party - 681 

canvass   of   votes   for ". 603 

districts  comprised,  of  more  than  one  county 696 

RE-SUBMISSION: 

of  question  of  direct  nomination  of   party   candidates  in  certain  cities 667 

RETURNS : 

election,   canvass  of,  etc 693 

when,  deemed  correct,   in   case   of  recount 695 


SECRETARY : 

of  county  committee,    how  .and   when  chosen 696 

SECRETARY   OF  STATE : 

votes   cast   for.   bearing  of,   on   candidates    in   cities   less   than   70.000 667 

duty  of,   relative   to  .iudicial   districts 670 

when  to  give  notice  of  no   holding  of  primary 672 

duty   relative  to    furnishing   pamphlets    of  primary    hiw 678 

nomination    petitions    for    U.    S.    senator,    governor    and    lieutenant    governor 

filed   with    6R0 

of   new    parties    683 

district  officers,   nomination   petitions   relative  to,    filed   witli 681 

nomination   petitions,   to  keep   record   of GS."* 

time    set    for   tiling    of,    with 6S6 

duty    of,    relative    to    certifying    names    of    candidates    to    certain    boards    of 

election     6R6 

duty   of,    when   nomination   petitions   deficient 686 

to  prepare,   etc..   list   of  candidates 686 

county  clerk   to   transmit  certified   copies  of   votes   to 693 

duty  of.    relative  to   calling  meeting  of  canvassers 693 

nomination  of  U.   S.  senator  certified   to 694 

to  certify   nomination  of   U.    S.   senator   to  next  legislature 694 

SENATOR : 

state,   nomination   of 672 

United   States,    nomination    of,    at    primaries 671 

petitions  to  be  filed  wi*h  secretary  of  state   relative   to    nomination  of  680 

of  new   party,   nomination   petition   relative   to 683 

canvass  of  votes  for 693 

nomination    of,   to   be  certified   to   secretary   of   state 694 

SIGN.\TURES : 

percentage  required  on  petition  for  submission 667 

required    upon    nomination    petitions   of   certain    officers 680 

nominating   petitions   of   new   parties,   number   required 683 

SLIPS : 

unlawful  to   distribute,   etc.,   at   primary  election 671 

SOLICITING: 

of   votes,   unlawful 701 

SPECIAL  PRIMARY  ELECTION: 

when    called,    etc 671 

STATE  CENTRAL  COMMITTEE: 

when,  to  certify   number  of  delegates  to  state  convention 673 

to    certify    number   of   ballots   necessary 677 

meeting   of   board   of   state    canvassers   certified   to 693 

to  designate  date  of  county  convention 697 

to   issue   call    for   state   convention,   etc 608 

selection   of,   at   state  convention ■ 098 

election   and   organization  of 713-17 

STATE   CONVENTION: 

who   to   certify   number   of  delegates   to 673 

election    of   candidates    for 697 

when    held,    etc 608 

STATEMENTS  : 

to   be    delivered,    etc.,    by    election    officers 692 

STATE  OFFICERS: 

Domination    of,    at    state    convention 697 


INDEX.  315 


SUBMISSION:  Sections. 

of  question   of  direct  nomination   of  party   candidates    in   certain   cities CtCtJ 

of    ciuestion    of   direct   vote,   petitions    for Onn 

SUPPLIES  : 

disposition    of.    etc..   after   counting   of  votes 002 

T. 
T\LLY   SHEETS: 

diitv   of   election    officers    relative    to 002 

TIE  VOTE : 

determined   by    lot    005 

TOWNSHIP: 

election  of  dele;;atcs   from,    to  county   conveul  ion 07" 

TOWNSHIP    BOARD: 

power  of,   to   iiold  polls  open 087 

TOWNSHIP   CLERK  : 

registration     for    primary    election    Ijefore f'OO 

duty  of.  relative   to  delivery  of  register  of  doctors,  etc 710 

TREATING  : 

by    candidates,    etc..    unlawful 70tj 

TWENTY   PER   CENT: 

of   enrolled   voters   required   on   petition    for    suljiuission.    etc..   of   direct    nomi- 
nation       007 

U. 

UNITED    STATES    SENATOR:       (see    also    senator.*. 

nomination    of.    at   primaries 671 

signatures  required   upon   nomination   petition   of 680 

V. 

VACANCY : 

in  office,  when  special  election   beld  to  fill 071 

in    delegation    to    county    convention,    bow    tilled ti7?. 

action   taken   in   case   of 600 

wben.   not   tilled   bv   committee 69G 

VILLAGE  CLERK: 

duty  of.   relative   to  delivery  of  register  of  electors,  etc 710 

VOTERS:      (see  also  electorsi. 

•      registration   of    003. 660 

unlawful   for,   to  sign  more  tban   one   nomination   petition   for  same  office....  685 

VOTES : 

canvass  of    670 

canvass    of.    for    U.    S.    senator,    governor,    etc 693 

soliciting,    unlawful 701 

W. 
WARD  : 

election  of  delegates  from,  to  county   conventi(jn 673 

cities    not    having,   delegates    chosen   from    entire    eilv 673 

WITHDRAWAL  : 

or  death   of  candidate 696 

WITNESSES  : 

not    liable   to    criminal    prosecution,    relative    to    testimony 700 


'  U     U  I  D  /O 


378719 


m 


UNIVERSITY  OF  CALIFORNIA  I^IBRARY 


